Rep(s). By Representatives Lindsey, Gipson, Bentley, Buskey, Kennedy, Greeson, Oden, Taylor, Letson, Hinshaw, Rogers, Fields, Graham and Boyd


HB274

ENROLLED, An Act,

To make appropriations for the support, maintenance and development of public education in Alabama, for debt service, and for capital outlay for the fiscal year ending September 30, 2011.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. There is hereby appropriated for the support of public education in Alabama for the fiscal year ending September 30, 2011, for debt service, and for capital outlay to be paid out of funds specified in subsection (a) of Section 2 of this act, the amounts specified in subsections (a), (b), (c), and (d) of Section 3 and Sections 4, 5, 12, 15, 17, 18 and 21 of this act. For the purpose specified in subsection (b) of Section 2 of this act, amounts are shown by programmatic area and the total for all programs is shown so as to include estimated sources of funds other than those listed in subsection (a) of Section 2 of this act. For the purpose of this act, "ETF" shall mean the Education Trust Fund and "Federal and Local Funds" shall mean all gifts, grants, contributions, or entitlements, including grants by the Congress of the United States, municipalities or counties.

Section 2. (a) The appropriations provided for in this act shall be paid from funds in the State Treasury to the credit of the Education Trust Fund, Alabama Peace Officers' Standards and Training Fund, Impaired Drivers Trust Fund, Driver Education and Training Fund, Special Education Catastrophic Fund, Alabama Veterans Assistance Fund, and Public School Fund and are hereby made for the support of public education in Alabama for the fiscal year ending September 30, 2011, and the appropriations herein made shall be subject to the provisions, terms, conditions and limitations of the Budget and Financial Control Act (Code of Alabama 1975, Sections 41-4-80 et seq.), the provisions of the Budget Management Act of 1976 (Code of Alabama 1975, Sections 41-19-1 et seq.), and shall be in the amounts hereinafter specified.

(b) Amounts shown hereinunder the columns "Earmarked Funds" and "Appropriation Total" are as set forth for the purpose of establishing amounts estimated to be available by programmatic area from sources other than those listed in subsection (a) of this Section 2, in order, upon consideration of such other funds so estimated to be available, to promote the accountability for an efficient use of funds available, and the same are hereby appropriated by the Legislature. Provided, however, that regardless of the ending date of any pay period which has been or may be established by the Legislature for the payment of salaries of state employees, the entire payment due shall be made from the fiscal year's appropriation in which the pay date falls.

Education Trust FundEarmarked FundsAppropriation Total
Legislative Branch:
Examiner of Public Accounts:
Audit Services Program 6,891,250 6,891,250
SOURCE OF FUNDS:
ETF6,891,250
Total Examiner of Public Accounts6,891,2506,891,250
The above appropriation shall be used for educational audits. The Department of Examiners of Public Accounts is hereby authorized to examine as deemed necessary all appropriations herein made for compliance with the laws of the State of Alabama. Any examination performed shall be in accordance with the provisions of Title 41, Chapter 5, Code of Alabama 1975. State entities are hereby authorized to reimburse the Examiner of Public Accounts the full cost for auditing funds from the American Recovery and Reinvestment Act of 2009 and such funds are hereby appropriated to the Examiners of Public Accounts.
Law Institute, Alabama:
Support of Other Educational Activities Program 269,981 269,981
SOURCE OF FUNDS:
ETF269,981
Total Law Institute, Alabama269,981269,981
Legislative Fiscal Office:
Legislative Operations and Support Program 346,405 346,405
SOURCE OF FUNDS:
ETF346,405
Total Legislative Fiscal Office346,405346,405
Legislative Reference Service:
Legislative Operations and Support Program 99,674 99,674
SOURCE OF FUNDS:
ETF99,674
Total Legislative Reference Service99,67499,674
This appropriation to the Legislative Reference Service shall be expended for the revision of Title 16 of the Code of Alabama 1975.
Executive Branch:
American Legion and Auxiliary Scholarships:
Financial Assistance Program, Estimated 112,500 112,500
SOURCE OF FUNDS:
ETF112,500
Total American Legion and Auxiliary Scholarships112,500112,500
To be expended under the provisions of Code of Alabama 1975, Sections 16-31-1 through 16-31-4.
Archives and History, Department of:
Historical Resources Management Program 3,338,680 3,338,680
SOURCE OF FUNDS:
ETF3,338,680
Total Archives and History, Department of3,338,6803,338,680
The above appropriation shall be expended to support the educational functions of Archives and History.
Arts, State Council on the:
Fine Arts Program 4,625,624 934,500 5,560,124
SOURCE OF FUNDS:
ETF4,625,624
Federal Stimulus Funds, estimated112,000
Federal and Local Funds822,500
Total Arts, State Council on the4,625,624934,5005,560,124
Building Commission, State:
Special Services Program 525,485 525,485
SOURCE OF FUNDS:
ETF-Transfer525,485
Total Building Commission, State525,485525,485
Child Abuse and Neglect Prevention, Department of:
Social Services Program 1,583,460 1,583,460
In accordance with Sections 26-16-1 et seq., Code of Alabama 1975.
SOURCE OF FUNDS:
ETF-Transfer1,583,460
Total Child Abuse and Neglect Prevention, Department of1,583,4601,583,460
Children's Affairs, Department of:
Social Services Program 18,590,252 18,590,252
The proposed spending plan for the ETF monies included in the above program is as follows:
Office of School Readiness18,376,806
Operations and Maintenance213,446
SOURCE OF FUNDS:
ETF18,590,252
Total Children's Affairs, Department of18,590,25218,590,252
Debt Service:
General Obligation Bonds, Series 2001-A, or subsequent refunding issue, Estimated 773,272 773,272
General Obligation Bonds, Series 2005-A, Estimated 5,999,886 5,999,886
General Obligation Bonds, Series 2001-B, or subsequent refunding issue, Estimated 178,866 178,866
Payments on Endowments 81,880 81,880
Payments on endowments shall be as follows:
For interest on Auburn University Endowment ...20,280
For interest on University of Alabama Endowment ...61,000
For interest on Grove Hill Endowment ...600
Interest on Public School Fund Endowment 532,864 532,864
Interest on Public School Fund Endowment shall be as follows:
Interest on 16th Section Lands, Estimated ...410,000
Interest on School Indemnity Lands, Estimated ...90,000
Interest on Valueless 16th Section Land ...5,825
Interest on Surplus Revenue ...26,764
Interest on James Wallace Fund ...275
SOURCE OF FUNDS:
ETF, Estimated7,033,904
ETF-Transfer532,864
Total Debt Service7,566,7687,566,768
In addition to the above appropriation for debt service, there is hereby appropriated from the APSCA 2009-D Fiscal Fees and Expense Fund an amount as deemed necessary by the Director of Finance to make payments for the fiscal fees and other expenses associated with the APSCA 2009-D bonds.
Dental Scholarship Awards, Board of:
Support of Other Educational Activities Program 273,720 273,720
To be expended under the provisions of Code of Alabama 1975, Sections 16-47-76 through 16-47-81.
SOURCE OF FUNDS:
ETF273,720
Total Dental Scholarship Awards, Board of273,720273,720
Education, State Board of - Local Boards of Education:
Foundation Program 3,246,006,434 694,731,459 3,940,737,893
Notwithstanding Section 16-13-232 of the Code of Alabama, 1975, of the above appropriation that is allocated to fund current teacher units, $150,000 shall be earmarked to fund current teacher units in the Saraland City School System.
Transportation Program 245,100,957 245,100,957
The above appropriation includes no funds for fleet renewal. The State Superintendent is directed to withhold transportation funds used to pay employee benefits including but not limited to PEEHIP, sick leave, teacher retirement, and F.I.C.A. from any local board which does not directly provide these benefits to transportation employees. No local board shall be allowed to convert funding provided in this budget for employee benefits into other uses or expenditures. The State Examiner of Public Accounts shall assure compliance. The rate per day for two personal days and five sick days for transportation personnel shall be $40. An appropriately certified transportation substitute shall be employed for the absent transportation employee for each day the employee is absent. The Department of Education is directed to withhold funds from local systems not employing substitutes for absent transportation employees. Such withheld funds shall revert to the Education Trust Fund.
At-Risk Student Program 23,416,334 23,416,334
Each district shall receive its pro rata share for each student who is defined as being at-risk of dropping out of school or is performing at an academic level below current grade placement. School systems should be encouraged to successfully move students from the at-risk category. Therefore, a school system shall maintain its at-risk funding for every student removed from its at-risk definition for the next two fiscal years. Local school districts shall maintain separate accounts for all funds received in this category. The funds provided in this section are specifically designated for special programs to serve these students and may not be used as a part of a local school district's general operating budget. Local school systems in partnership with and funding from the Department of Education are expected to establish programs which will increase learning opportunities for at-risk students. These programs shall include, but not be limited to, after-school tutoring, summer schools, weekend schools, character education programs, drop-out prevention programs, career technical education youth programs, alternative schools, training of parents, purchase and use of web-based practice tests for the high school graduation exam and other state required standardized tests, programs to improve reading, and/or math, and/or science skills to increase grade-to-grade promotion, high school graduation and college preparedness, and other activities designed to assist at-risk students. The State Department of Education shall monitor the use of these funds and shall assure that they are used only in a manner designed to provide additional assistance above and beyond the regular instructional program for at-risk students. At-risk funds shall not be used to supplant any other funding of summer schools or other activities which are designed to serve the general student population but must be used for specific programs for at-risk students. At-risk students shall be defined as those students who score at level 1 or level 2 (not proficient/partially proficient) in reading or mathematics on the current state assessments. Further, local school faculty and the school principal shall make specific recommendations for students at the school to be included as participants in the at-risk program. At-risk funds may be expended for student programs to improve the efficiency and utilization of technology-based educational resources in the classroom. As a part of the above appropriation for the At-Risk Student Program, there is hereby appropriated $750,000 for the Alabama Student Information Management System (ASIMS). ASIMS will allow the continued support and maintenance of the Information Management System which permits each Local Education Agency and the State Department of Education to comply with all state and federal accountability standards and reporting obligations. It is the intent of the Legislature that schools and school systems involve the community in planning and implementing at-risk programs. Therefore, schools shall expend at least 20% of the at-risk funds to partner with non-profit community organizations in planning and implementing at-risk programs which directly assist in improving academic performance. Such programs may include, but not be limited to, Boys and Girls Clubs, YMCAs, 21st Century Leadership, Pell City Bridge Builders, Alabama Young Farmers Education Program, and local civic and charitable organizations. It is the intent of the Legislature that these funds not be utilized to partner with governmental nor quasi-governmental agencies and entities whose functions already include programs designated for at-risk funding. The local school board shall set forth the efforts made to identify and involve community organizations. The local board shall revert to the ETF any portion of the 20% of its at-risk funding which was not expended on partnerships with qualifying community organizations. If after a diligent process the local board cannot identify effective community organizations, the local board may request a waiver from this 20% requirement from the State Superintendent of Education. The local board must submit an alternative plan to the State Superintendent accompanying the request for the waiver. The State Superintendent may approve a waiver only upon good and sufficient cause. In appropriate situations, businesses may partner with schools or school systems for at-risk programs but may not receive any compensation or reimbursement for expenses or other costs. The State Board of Education is hereby authorized, at its discretion, to institute a pilot program to employ behavioral support specialists in public middle schools.
Endowment Interest Program-Public School Fund, Estimated 532,864 532,864
Public School Fund, Estimated 175,000,000 175,000,000
Notwithstanding the provisions of Section 16-13-234 Code of Alabama, 1975, or Section 14 of this Act, the local boards of education shall have flexibility to spend Public School Funds appropriated in this Act, after the payment of pledged debt service or obligated capital projects, for other operating expenses.
Board of Adjustment 642,501 642,501
School Nurses Program 31,244,042 31,244,042
To be distributed so that each school system shall receive one nurse and additional nurse or fractions of a nursing allocation based upon the average daily membership during the first 20 scholastic days after Labor Day of the preceding school year. The School Nurses Program shall use the following salary matrix to determine nursing salaries, based on 187 contract days and seven and one-half working hours per day. No funds provided herein for the School Nurses Program shall be used for the payment of any salaries of nurses who are not under the direct control, employment, and supervision of local boards of education. The pay of any part-time employee shall conform to the pro-rata share of the following matrix:
Years ExperienceLPNRNRN/MS
less than 319,00036,14441,564
3 but less than 620,88139,75645,720
6 but less than 921,77941,49747,721
9 but less than 1222,06242,05348,362
12 but less than 1522,45942,81849,238
15 but less than 1822,95343,79450,364
18 but less than 2123,22944,36051,012
21 but less than 2423,50744,92651,666
24 but less than 2724,00745,46152,201
27 or more24,50745,99752,737
As a part of the above appropriation for the School Nurses Program, there is hereby appropriated $250,000 for the collection and management of statewide student health data, school by school.
Capital Outlay Program-Federal and Local Funds, Estimated 54,505,553 54,505,553
Information Technology Services Program 3,704,041 3,704,041
The above appropriation shall be expended by local school systems towards the position of a district technology coordinator that meets the job description and qualifications as established by the State Board of Education and serves as the primary point of contact for all technology issues. The District Technology Coordinator as directed by the school system shall be responsible for a technology program that ensures the proper accountability for the following: technology funds; technology professional development; technology planning and reporting; coordination of technology across all programs; a safe, secure, and fully operable network; technology procurement and inventory; technology support for data management; technology support for distance learning; annual E-rate application; and, directing a program to ensure all state standards involving technology for teachers, administrators, and students are met and technology is integrated throughout the curriculum.
SOURCE OF FUNDS:
ETF3,550,114,309
Federal Stimulus Funds, estimated179,434,391
Federal and Local Funds569,802,621
Public School Fund, Estimated175,532,864
Total Education, State Board of - Local Boards of Education3,550,114,309924,769,8764,474,884,185
The above appropriation shall be distributed by the State Board of Education in accordance with the provisions of the Code of Alabama 1975, Sections 16-13-230 through 16-13-239, and all other laws and regulations of the State Board of Education relating to the expenditure of such funds. These funds shall be used to provide a minimum school term of 180 full instructional days and for equitable educational opportunities in the public schools of the state. Foundation Program calculations for FY 2010-2011 are based on the funding divisors set forth below. Units earned under the Foundation Program shall be employed as regular classroom teachers until and/or unless the local school achieves class sizes equal to or less than the following as mandated by the State Board of Education: grades K-3, maximum of 18; grades 4-6, maximum of 26; and grades 7-12, maximum of 29. The divisors listed below shall not serve to prescribe pupil-teacher ratios.
Grades K-313.8
Grades 4-621.4
Grades 7-820.0
Grades 9-1218.0
In allocating the funds in the Foundation Program, the State Board of Education shall allot funds based on the rates established as follows:
The Foundation Program shall use the following salary matrix to determine the cost of instructional salaries, based on 187 contract days, and any part-time contract shall conform to the pro-rata share of the following matrix:
Years ExperienceBSMS6YDOND
less than 336,14441,56444,81848,07136,144
3 but less than 639,75645,72049,29752,87739,756
6 but less than 941,49747,72151,47055,19141,497
9 but less than 1242,05348,36252,14855,93242,053
12 but less than 1542,81849,23853,09356,94942,818
15 but less than 1843,79450,36454,30558,24443,794
18 but less than 2144,36051,01255,00558,99944,360
21 but less than 2444,92651,66655,70859,75244,926
24 but less than 2745,46152,20156,24560,28845,461
27 or more45,99752,73756,78060,82445,997
For additional professional development, local boards of education are hereby authorized, pursuant to rules and regulations established by the State Board of Education, to continue to schedule the two additional days authorized beginning FY 2000 for professional development/continuing education for all 9, 10, and 11 month certificated employees at their regular daily rate of pay beyond the previous 180 day employment contract. It is the intent of the Legislature that the use of these days be in accordance with a local school self-improvement plan developed at each school through a collaborative effort of the employees involved and the local school administrators. These two days for professional development/continuing education shall be made a part of the regular school year calendar. The purpose of the days provided herein is to improve classroom instruction, discipline, and school safety. The principal of each school shall report to the local superintendent the manner in which these two professional development days were used at the school. The local superintendent of education shall consolidate the reports from each school and send the report to the State Superintendent of Education. The use of these days shall be incorporated into the school system's professional development plan. It shall be the obligation of the in-service centers and colleges and universities to render maximum assistance to local school employees. The requirement of this section shall also apply to 9, 10 and 11 month certificated personnel at the Alabama Institute for Deaf and Blind, the Department of Youth Services, the School of Math and Science and the School of Fine Arts. Local boards of education are hereby authorized to schedule these two days of professional development/continuing education for all current 9, 10 and 11 month contracts of support personnel and all 9, 10 and 11 month contracts of Child Nutrition Program support personnel at their regular daily rate of pay beyond the previous 180 day employment contract. It is the intent of the Legislature that the purpose of these training sessions for all employed support personnel will be to provide occupation-specific skill training, safety training, training on school discipline, and other relevant aspects of support personnel interaction with students. For the purpose of these training sessions, it shall be the obligation of local boards of education to seek qualified occupation-specific trainers from the Department of Education and/or private vendors solely for training purposes. The requirement of this section shall apply to 9, 10 and 11 month support personnel at the Alabama Institute for Deaf and Blind, the Department of Youth Services, the School of Math and Science and the School of Fine Arts. Local or state board of education rules or regulations shall not be construed to negate the intent of the Legislature. The State Board of Education shall take care to ensure the implementation of the legislative intent as provided by this section. Notwithstanding Section 16-13-231.1(d) of the Code of Alabama 1975, there shall not be an appropriation for the 1% over the total cost of instructional salaries for the Foundation Program as calculated by the State Minimum Salary Schedule for the fiscal year beginning October 1, 2010. For "Fringe Benefits" the rate per day for two personal days and five sick days (for units earned in the Foundation Program) shall be $60. The Teachers' Retirement System rate shall be 12.51% of salaries. The Public Education Employees' Health Insurance Program (PEEHIP) rate shall be $752 per month for each full-time employee. As funds are appropriated the appropriation herein shall include funds to pay for substitute support employees for each day a support employee is absent. The Department of Education is directed to withhold funds from local systems not employing substitutes for absent support employees, such withheld funds shall revert to the ETF.
For "Classroom Instructional Support" the uniform amounts used in determining the Foundation Program allowance for classroom instructional support shall be: (1) textbooks at $15.88 per pupil in average daily membership during the first 20 scholastic days after Labor Day of the preceding school year; (2) classroom materials and supplies at $0 per unit earned in the Foundation Program and (3) library enhancement at $0 per unit earned in the Foundation Program. Funds allocated for instructional support units to meet SACS standards shall be used exclusively and specifically for principals, assistant principals, counselors, and librarians and library aides, as calculated by the State Department of Education and assigned to the schools where such units are earned. An instructional support unit earned for a principal shall be increased by .31 for elementary schools, .35 for middle schools, and .45 for secondary schools and unit schools. An instructional support unit earned for an assistant principal shall be increased by .10 for elementary schools, middle schools, secondary schools and unit schools. An instructional support unit earned for a counselor shall be increased by .03 for secondary schools and unit schools. The budgeting and expenditure of funds in the Foundation Program at the local level shall be determined and made by the local board of education in accordance with rules and regulations of the State Board of Education and all laws governing such school budgets and expenditures.
Education, State Board of - Two-Year College System:
Operations and Maintenance 277,330,343 245,273,670 522,604,013
Auxiliary Enterprises 33,045,000 33,045,000
Restricted Funds 240,669,400 240,669,400
Operations and Maintenance of Postsecondary Prison Education (ETF) 8,602,360 8,602,360
Of the above appropriation, $2,061,751 shall be expended for Therapeutic Education.
Adult Education Program 13,220,516 12,744,603 25,965,119
Special Populations Training 5,260,118 5,260,118
For programs to prepare the inmate population, parolees or other special populations designated by the Chancellor for entry into the workforce through adult education, preemployment skills training, and short-term intensive career technical training.
Mine Safety Training Program at Bevill State Community College 245,122 245,122
Postsecondary Education Department - Administration 5,734,980 3,733,336 9,468,316
Postsecondary/Tech Colleges - Truck Driving Training 255,914 2,750,000 3,005,914
Of the above appropriation, $255,914 shall be expended for the Truck Driver Training Program at Central Alabama Community College. The above appropriation from earmarked funds is estimated and shall be expended pursuant to Section 32-5-313, Code of Alabama 1975.
Workforce Development 5,636,146 26,344,999 31,981,145
The Workforce Development Funds shall be distributed by the State Board of Education upon recommendation of the Chancellor to develop and implement programs to provide a skilled workforce and to provide college operations and maintenance allocations for workforce and economic development. Of the above appropriation for Workforce Development, $925,000 shall be distributed for 3-D instructional centers at Wallace State Community College - Selma; Central Alabama Community College; and Wallace State Community College - Hanceville and $600,000 shall be expended for Career Coaches. Of the above appropriation for Workforce Development, at least 30% shall be recommended by the Workforce Departmental Review Committee to the Chancellor for workforce development programs in the twenty-three counties with the highest unemployment rates in Alabama and these programs shall not be subject to review and approval by the State Workforce Planning Council. The Chancellor shall submit a quarterly report to the Chair of the Senate Committee on F&T-Education, the Chair of the House Education Appropriations Committee and the Director of the Legislative Fiscal Office, with such report noting the counties impacted by this provision, the number of persons served and the amounts expended under this provision.
Marion Military Institute 6,056,899 6,056,899
Alabama Technology Network 4,900,124 4,900,124
English as a Second Language 100,000 100,000
Of the above appropriation to the Two-Year College System, a total of $100,000 shall be used by the Chancellor to contract with other public or private institutions of higher education in order to provide programs designed to provide assistance to persons attending or served by the colleges that do not utilize English as their native language so they may become proficient in reading, writing and speaking English.
SOURCE OF FUNDS:
ETF327,342,522
Federal Stimulus Funds, estimated17,735,504
Federal and Other Funds546,825,504
Total Education, State Board of - Two-Year College System327,342,522564,561,008891,903,530
(1) The allocations as set forth above shall be distributed by the State Board of Education through the Office of the Chancellor.
(2) The above appropriation from the ETF for Operations and Maintenance shall be distributed to each of the colleges, except Marion Military Institute. Shelton State Community College shall receive $1,062,212 to operate the Poison Control Center; $653,997 shall be allocated to Jefferson State Community College to fund the Center for Labor Education and Research (CLEAR) previously funded at the University of Alabama in Birmingham; $83,250 116,583 shall be allocated to Jefferson State Community College - Community Outreach Partnership Center for the Predator Avoidance Education Program and other educational purposes; $185,000 shall be allocated to Shelton State Community College for a partnership with the University of West Alabama for the preservation of labor education; and $277,500 shall be allocated to Gadsden State Community College for economic development, allied health sciences and nursing programs. In addition, $230,000 shall be transferred from Northwest Shoals Community College to the Alabama Industrial Development Training Institute for the Alabama Center for Advanced Woodworking Technology. The remaining balance shall be allocated among colleges in an amount equal to the percent of the continuing and permanent Operations and Maintenance allocation received from the ETF in FY 2010.
(3) The above appropriation for Operations and Maintenance of Postsecondary Prison Education shall be distributed to the same colleges and in the same amounts as FY 2010.
(4) The allocation of Adult Education funds appropriated herein is restricted to the provision of services as defined under the stipulations of the Adult Education and Family Literacy Act, Title II of the federal Workforce Investment Act of 1998. At least 10% of the appropriation for Adult Education shall be recommended by the Vice Chancellor for Instructional Services to the Chancellor for programs for individuals that do not have a high school diploma and live in communities impacted by higher unemployment rates than the state average unemployment rate. The Chancellor shall submit a quarterly report to the Chair of the Senate Committee on F&T-Education, the Chair of the House Education Appropriations Committee and the Director of the Legislative Fiscal Office, with such report noting the counties impacted by this provision, the number of persons served and the amounts expended under this provision.
(5) From the above appropriation for Special Populations Training, the Life Tech program shall receive the same amount of funds as received from the Two Year College System in FY 2010 from all sources, except for any savings recognized from the refinancing of bonds.
(6) From the above appropriation for the Alabama Technology Network not less than $75,000 shall be expended for the continuation of Gadsden State Community College's AFL-CIO partnership program for trainers and trainees for Goodyear in Gadsden and $267,101 shall be expended for the AFL-CIO partnership program.
(7) The Chancellor shall not assess the colleges for any state function provided through the Chancellor's Office nor make any obligation which would encumber any college's funding.
(8) It is the intent of the Legislature that the State Board of Education shall not authorize or approve the sale of any property donated to any college within the two-year college system without approval from the Legislative Council.
Education, State Department of:
Administrative Services Program 170,582,580 89,717,107 260,299,687
The proposed spending plan for the ETF monies included in the above program is as follows:
Operations and Maintenance of the Department33,665,829
Of the above appropriation, at least $9,324,735 shall be expended in the same manner and for the same programs as the appropriation to the State Department of Education from the Children First Trust Fund was expended in FY 2005 and $950,000 shall be expended to link the Alabama Student Information Management Systems (ASIMS) to student home computers.
Operations and Maintenance for the Alabama Reading Initiative59,952,360
Operations and Maintenance for Math/Science/Technology Initiative26,854,967
Arts Education for Art Education programs in areas evaluated and reviewed by the Black Belt Action Commission533,882
Teacher/Student Testing 7,038,975
To be expended for teacher/student test development and expenses directly related to teacher and student assessment.
Children's Eye Screening Program and Follow-up Eye Care 2,203,241
Of the above appropriation, $1,125,128 shall be used to provide eye screening for Grades K, 2 and 4. The method of screening shall be color photo refraction as developed by the National Aeronautics and Space Administration and $1,078,113 shall be used to provide follow-up care for those Grades K, 2 and 4 students. Follow-up eye care services shall include, but not be limited to, providing assistance in obtaining and coordinating local eye care services for those children identified as needing said follow-up eye care services whether insured, uninsured or underinsured. Children identified as uninsured or underinsured shall be provided with free eye exams and free prescription spectacles. A database including specific data by child, grade, school/system, and services for outcome-based measurement shall be maintained and archived.
Governor's Local School and School System Academic and Financial Improvement Program (At-Risk)16,222,501
The above appropriation shall be expended for the operations and maintenance of at-risk programs to develop and implement school improvement programs' financial and/or academic accountability per Section 16-6B-3, Code of Alabama 1975, and for benefits for appropriate personnel within the Department of Education. At-risk funds shall be used to employ personnel under short-term contracts who shall be assigned by the State Superintendent of Education to give direct assistance to schools which come under the jurisdiction of the Department in accordance with Sections 16-6B-1 through 16-6B-6, Code of Alabama 1975, which requires schools and/or school systems to be placed in intervention for academic and/or financial reasons by the State Superintendent. In selecting these personnel, the State Superintendent shall give preference to persons who have achieved National Board for Professional Teaching Standards (NBPTS) certification and/or who have been chosen as Alabama Teachers of the Year. In the event this pool of personnel is inadequate, the State Superintendent may then employ other teaching and/or administrative personnel who have been recognized for their competence. Such personnel shall be assigned to work directly with schools whose operations are being assisted by the state. The State Superintendent may further use these personnel to assist schools that are on Priority status as well as use these funds in partnership with and funding from the Department of Education to improve the learning opportunities for at-risk students. These programs shall include, but not be limited to, after school programs, character education programs, drop-out prevention programs, summer programs, career technical youth programs, programs to improve reading, and/or math, and/or science skills to increase grade-to-grade promotion, high school graduation and college preparedness, and other activities designed to assist at-risk students. Personnel employed or contracted by the Department for assistance in at-risk schools shall be on release status from their respective local boards of education and shall retain all benefits and tenure status unless they are given permanent employment in the State Department of Education. Funds may be allocated to entities that have and/or can effect positive results in improved student achievement.
School Accountability Report Card124,264
For distribution of the School Accountability Report Card referred to in Section 16-6B-7 of the Code of Alabama 1975 to every parent with a child in Alabama public schools.
English as a Second Language Students Program2,360,800
Based on the 2009-10 school system count supplied to the Alabama Department of Education by each local superintendent of education, herein is appropriated on a per student basis to be utilized by local school boards to provide assistance to students not utilizing English as their native language so they may become proficient in reading, writing, and speaking English at the earliest possible time.
Tenure Arbitration Costs726,661
Of the above appropriation for Tenure Arbitration Costs, $129,500 shall be transferred to fund the Office of the Attorney General for performance of arbitration services, including administration of the State's tenure laws (Code of Alabama 1975, Section 36-26-115) by the Office of Administrative Hearings, Division of Administrative Law Judges.
Teacher Recruitment Incentives 9,250
Distance Learning 19,078,600
Job descriptions shall be developed by the State Department of Education for positions funded by this appropriation. Hiring of personnel shall be monitored by the State Department of Education for compliance with these job descriptions. In addition, these funds shall be used exclusively to meet the distance learning initiative ACCESS (Alabama Connecting Classrooms, Educators, and Students Statewide).
Advanced Placement 1,310,494
Dropout Prevention Pilot500,756
Financial Assistance Program 38,676,824 1,095,360,825 1,134,037,649
The proposed spending plan for the ETF monies included in the above program is as follows:
Home Instruction for Parents of Preschool Youngsters (HIPPY) Program1,405,909
Southwest School for Deaf and Blind269,921
Play By The Rules19,147
PALS Program19,055
Council on Economic Education18,962
P.A.C.E.R.S. Program125,313
Pre-School Program (Special Education)1,787,034
Positive Behavior Support Coaches150,000
National Board for Professional Teaching Standards8,038,250
The above appropriation includes funds to pay assessment fees for teachers desiring to take the examination, funds to provide a $5,000 supplement in addition to base salary as determined by the Minimum Salary Schedule for all board-certified teachers. Alabama teachers shall apply for funding of the assessment fees and recipients are required to commit to teach in Alabama public schools for an additional period of five years unless an exception is granted for just cause. Of the funds provided herein, an amount not to exceed $45,000 shall be used to pay for release time of personnel used by the State Department of Education to mentor prospective candidates for the NBPTS certification and to assist in determining which candidates shall receive state funding to take the examination. Salary must be provided before said amount can be used by the State Department of Education for personnel release time.
Children's Hospital114,006
Career Tech Initiative2,260,074
The above appropriation shall Not less than 50% of the above appropriation shall be used for Agriscience purposes. Such funds shall first be expended to pay stipends, salaries, travel, and benefits of Agriscience teachers currently on 220 day or less contracts to work during the months not on contract. Remaining funds shall be expended to pay travel expenses of Agriscience teachers to State Department of Education and FFA sanctioned activities. This shall include Agriscience teachers on 240 day contracts or less. Furthermore, remaining funds shall be expended on FFA Student Leadership Development to include conferences, speakers, and travel of state FFA officers. Furthermore, remaining funds shall be expended on travel expenses for SDE Agriscience staff for Student Leadership Development activities. Any remaining funds shall be spent at the activities. The remaining 50% of the above appropriation shall be spent at the discretion of the State Superintendent of Education for other career tech programs.
Teacher In-Service Centers2,775,000
The State Board of Education, through the State Superintendent of Education, shall administer the in-service centers and shall monitor the centers for compliance with established accountability standards. The above appropriation to the In-Service Centers shall be distributed to the existing eleven Teacher In-Service Centers in each geographical area of the state as follows:
University of Alabama
218,678
University of Alabama at Birmingham
302,690
Alabama A and M University
275,872
Alabama State University
237,742
Athens State University
230,460
Auburn University
239,879
Jacksonville State University
234,907
University of Montevallo
246,875
Troy University
249,529
University of North Alabama
213,742
University of South Alabama
324,626
Teacher Professional Development Training1,068,972
This appropriation shall be used to train teachers (K-12) in the use of computers in the classroom. Trainers shall be chosen who can assist teachers in learning computer skills, the use of instructional software, and the classroom uses of the Internet.
Governor's High Hopes for Alabama Students15,755,543 15,555,543
Of the above appropriation, $950,000 shall be expended to link the Alabama Student Information Management Systems (ASIMS) to students' home computers.
Jobs for Alabama's Graduates (JAG)878,979
Virtual Library Project3,116,110
The State Department shall serve as the fiscal agent for the Virtual Library Project.
Teacher Mentoring Program444,549
Teach For America630,000
Alabama Science In Motion Program 1,743,801 1,743,801
All funds appropriated to this program shall be expended in accordance with Title 16, Chapters 61B and 61C, Code of Alabama 1975. Additionally, any funds unexpended and carried over from the prior fiscal year are hereby reappropriated.
Disability Determination for Social Security Program 86,521,431 86,521,431
SOURCE OF FUNDS:
ETF209,259,404
ETF-Transfer1,743,801
Driver Education and Training Fund4,530,898
Federal Stimulus Funds, estimated203,642,885
Federal and Local Funds1,060,925,580
Special Education Catastrophic Fund2,500,000
Total Education, State Department of211,003,2051,271,599,3631,482,602,568
Educational Television Commission:
Capital Outlay Program 555,000 555,000
This appropriation is to be used to replace the Alabama Public Television's Digital Statewide Microwave System and create a Public Safety Radio Communications Statewide Network.
Educational Television Program 6,902,978 660,873 7,563,851
SOURCE OF FUNDS:
ETF7,457,978
Federal and Local Funds660,873
Total Educational Television Commission7,457,978660,8738,118,851
Executive Commission on Community Services Grants, State:
Community Services Grants Program 8,437,286 8,437,286
Distributed pursuant to Section 29-2-123 of the Code of Alabama 1975, as amended.
SOURCE OF FUNDS:
ETF8,437,286
The above appropriation shall be used for grants that promote public education purposes.
Total Executive Commission on Community Services Grants, State8,437,2868,437,286
Family Practice Rural Health Board:
Family Practice Rural Health Program 1,625,778 1,625,778
SOURCE OF FUNDS:
ETF1,625,778
Total Family Practice Rural Health Board1,625,7781,625,778
Of the above appropriation, at least $104,175 shall be expended for the Auburn Rural Health Program; a minimum of $84,175 shall be expended for the Tuskegee Area Health Education Center (TAHEC); $454,545 shall be expended for the Rural Medical Scholars Program at the University of Alabama at Tuscaloosa; and $94,175 shall be expended for the Rural Health Program at the University of Alabama in Huntsville.
Finance, Department of:
Employee Benefits Program 1,400,000 1,400,000
SOURCE OF FUNDS:
ETF, Estimated1,400,000
Total Finance, Department of1,400,0001,400,000
To be distributed by the State Comptroller to the designated beneficiaries or estates for unused sick leave pursuant to Code of Alabama 1975, Section 16-1-18.2.
Finance, Department of - Telephone Revolving Fund:
Information Systems Program 1,143,902 1,143,902
SOURCE OF FUNDS:
ETF-Transfer1,143,902
Total Finance, Department of - Telephone Revolving Fund1,143,9021,143,902
The Telephone Revolving Fund shall assess to using agencies and institutions any additional amount necessary to provide continuing non-interrupted service of a minimum maintenance level.
Fine Arts, Alabama School of:
Financial Assistance Program 6,414,414 655,000 7,069,414
SOURCE OF FUNDS:
ETF6,414,414
Federal and Local Funds655,000
Total Fine Arts, Alabama School of6,414,414655,0007,069,414
Fire Fighters' Personnel Standards and Education Commission, Alabama/Fire College Shelton State Community College:
Operations and Maintenance 3,846,458 1,707,152 5,553,610
Of the above appropriation, $163,417 to operate the Risk Watch Program.
SOURCE OF FUNDS:
ETF3,846,458
Federal and Local Funds1,707,152
Total Fire Fighters' Personnel Standards and Education Commission, Alabama/Fire College Shelton State Community College3,846,4581,707,1525,553,610
Governor's Office of Faith Based and Community Initiatives:
Executive Direction Program 132,198 132,198
SOURCE OF FUNDS:
ETF132,198
Total Governor's Office of Faith Based and Community Initiatives132,198132,198
Higher Education, Alabama Commission on:
Planning and Coordination Services Program 2,964,783 2,964,783
The proposed spending plan for the ETF monies included in the above program is as follows:
Operations and Maintenance2,964,783
Student Financial Aid Program 6,063,759 2,953,380 9,017,139
(1) Policeman's Survivor Tuition, Estimated159,320
To be expended under the provisions of Code of Alabama 1975, Section 36-21-105.
(2) Alabama National Guard Educational Assistance Scholarships 601,694
To be expended in accordance with Code of Alabama 1975, Sections 31-10-1 through 31-10-4 and Sections 31-10-20 through 31-10-25.
(3) Alabama Student Assistance Program2,896,855
In addition to the ETF appropriation for the Alabama Student Assistance Program, any available funds as a result of the court ordered transfers from Knight vs. Alabama diversity scholarships are hereby appropriated and any carryover funds from these transfers are hereby reappropriated.
(4) Educational Grants Program (Alabama Student Grant Program)2,320,975
To be expended in accordance with Code of Alabama 1975, Sections 16-33A-1 through 16-33A-11. Private institutions receiving state grant funds under this provision make their best effort to use the equivalent of ten percent of Federal Work Study allocations for the purpose of tutoring and mentoring students in grades K-12 to better prepare them for graduation, college entry and retention. Institutions shall work with their respective governing boards to develop and implement this effort.
(5) Chiropractic Scholarships29,415
To be expended in accordance with Code of Alabama 1975, Section 16-5-11.
(6) Washington Center Internship Program55,500
It is the intent of the Legislature that the above funds for the Washington Center Internship Program be expended for Alabama residents.
Support of Other Educational Activities Program 2,706,442 1,671,000 4,377,442
The proposed spending plan for the ETF monies included in the above program is as follows:
(1) Network of Alabama Academic Libraries323,505
ACHE shall provide for the participation of Athens State University in the Network of Alabama Academic Libraries.
(2) Southern Regional Education Board (SREB)671,124
(3) EPSCoR (Research) Program 1,227,543
(4) Computer Based Articulation System402,563
To fund Troy University for developing and operating a statewide computer-based articulation system to serve all four-year and two-year postsecondary institutions in the State of Alabama.
(5) School and University Partnership for Education Renewal Program (SUPER) 81,707
Support of State Universities Program 6,181,869 75,000 6,256,869
The proposed spending plan for the ETF monies included in the above program is as follows:
(1) Alabama Agricultural Land Grant Alliance6,181,869
Of the above appropriation to AALGA, at least $4,450,000 shall be equally distributed as a state match for federal funds for those institutions in the Alliance required to provide matching funds in order to obtain federal funds for the first time in fiscal year 2000. Of the above appropriation, $336,700 shall be allocated for the fruit and vegetable marketing initiative; $185,000 shall be allocated for the Youth Partnership Research Program; and $556,210 shall be allocated for the McIntire-Stennis Forestry Research Initiative Matching Program.
SOURCE OF FUNDS:
ETF17,916,853
Federal and Local Funds4,699,380
Total Higher Education, Alabama Commission on17,916,8534,699,38022,616,233
In addition to the above appropriations, any scholarship funds transferred from the State Department of Education for the Alabama Teacher Recruitment Incentive Program (ATRIP) shall not revert and are hereby appropriated or reappropriated.
Human Resources, Department of:
Human Services Program - Jobs Opportunities and Basic Skills Training (JOBS) Program 3,828,576 3,828,576
Human Services Program - Jobs Child Care and After School Child Care Program 9,124,390 9,124,390
Of the above appropriation, $142,987 shall be expended for the Black Belt Eye Care Consortium and $909,573 shall be distributed to the Greater Alabama Child Development Program for rural day care.
SOURCE OF FUNDS:
ETF-Transfer12,952,966
Total Human Resources, Department of12,952,96612,952,966
Notwithstanding any other provision of this act to the contrary, the maximum amount of funds from the sales tax exemption for the issuance of food stamps that may be reverted by the Department of Human Resources to the Education Trust Fund shall be $18,600,000 for the fiscal year ending September 30, 2011. Any such funds over this amount not utilized in the Food Stamp Program shall be expended for subsidized child care slots and are hereby appropriated for such purpose.
Industrial Development Training Institute, Alabama:
Industrial Development and Training Program 5,731,046 5,731,046
Industrial Training Program - Operations and Maintenance 4,832,246 4,832,246
Workforce Development 23,752,304 23,752,304
SOURCE OF FUNDS:
ETF34,315,596
Total Industrial Development Training Institute, Alabama34,315,59634,315,596
The funds appropriated for Workforce Development are to be expended for those costs incurred by the State in honoring commitments to pay Workforce Development costs, including services and other assistance and expenses of recruitment and training of a company's workforce, that are undertaken to induce companies to locate or expand their operations in Alabama (described hereinafter as a "Project") and to develop and implement training, placement and recruitment programs that will improve, develop and expand the State's workforce. Such costs include, but are not limited to (i) AIDT operating costs directly related to a Project; (ii) wages and benefits for trainers engaged by AIDT for the purpose of a Project; (iii) costs which the State has agreed to pay under the terms of a Project Agreement with a company that are necessary and reasonable charges incurred by the company or its affiliates for personnel providing training to the company's employees, whether those trainers are employees of the company or its vendors or suppliers, including wages, benefits and travel (domestic and, when necessary, international); (iv) any necessary materials, equipment, manuals, or other relevant training materials; (v) the costs incurred for purchasing or repairing or replacing training tools and equipment; (vi) costs incurred for the purchase or construction and maintenance of training facilities; (vii) travel expenses for prospective and current employees and trainees, including travel, food, lodging, relocation, and other costs necessary and reasonable to enable the company to secure a qualified workforce; (viii) outside training fees; and (ix) the construction and equipping of career centers to assist citizens of the State in outreach, job search, assessments of individuals, placement assistance, labor market information, individual employment plans and counseling, career planning, occupational and vocational training, and specific skills training. The above funds appropriated for workforce development shall be expended primarily for the training of Alabama residents. It is further the intent that contracts with vendors to provide workforce training shall be inclusive and reflect the racial and gender diversity of the state. The Office of Workforce Development shall report quarterly to the Chairs of the Senate Committee on Finance and Taxation - Education and the House Committee on Education Appropriation and the Legislative Fiscal Officer on any funds allocated for workforce training. Such report shall include a summary of the persons trained and the vendors providing the training. The reports shall contain information including residence, race and gender of the persons trained and of the principal or majority owner of the firm or business contracted with to provide the training services.
Library Service, Alabama Public:
Public Library Service Program 7,097,639 1,709,984 8,807,623
Of the above appropriation, a minimum of $4,159,397 is to be distributed to public libraries within the state and $263,622 shall be expended for Homework Alabama.
Special Grant Program 362,518 362,518
SOURCE OF FUNDS:
ETF7,460,157
Federal and Local Funds1,709,984
Total Library Service, Alabama Public7,460,1571,709,9849,170,141
Marine Environmental Sciences Consortium/Dauphin Island Sea Lab:
Support of Other Educational Activities Program 3,576,766 9,045,797 12,622,563
Of the above appropriation, $81,709 shall be expended for the Mobile Bay National Estuary Program and $81,709 shall be expended for the Mississippi-Alabama Sea Grant Consortium.
SOURCE OF FUNDS:
ETF3,576,766
Federal and Local Funds9,045,797
Total Marine Environmental Sciences Consortium/Dauphin Island Sea Lab3,576,7669,045,79712,622,563
Mathematics and Science, Alabama School of:
Financial Assistance Program 5,880,922 960,000 6,840,922
SOURCE OF FUNDS:
ETF5,880,922
Federal and Local Funds960,000
Total Mathematics and Science, Alabama School of5,880,922960,0006,840,922
Medical Scholarship Awards, Board of:
Support of Other Educational Activities Program 1,062,926 400,000 1,462,926
To be expended under the provisions of the Code of Alabama 1975, Sections 16-47-121 through 16-47-129.
SOURCE OF FUNDS:
ETF1,062,926
Federal and Local Funds400,000
Total Medical Scholarship Awards, Board of1,062,926400,0001,462,926
Mental Health, Department of:
Institutional Treatment and Care of Mental Illness Program 4,038,707 4,038,707
Substance Abuse Program 995,641 995,641
Special Services Program 1,199,355 1,199,355
Institutional Treatment and Care of Intellectually Disabled Program 21,341,692 21,341,692
Of the above appropriation to the Department of Mental Health for the Institutional Treatment and Care of Intellectually Disabled Program, the sum of $4,285,989 shall be used to fund ARC-type community-based programs, including the Montgomery Institute for Neurological Development for the intellectually disabled in Alabama; the sum of $437,835 shall be allocated to Camp ASCCA; and $350,000 shall be transferred to the Eagles' Wings Program.
SOURCE OF FUNDS:
ETF-Transfer27,575,395
Total Mental Health, Department of27,575,39527,575,395
Nursing, Alabama Board of:
Professional and Occupational Licensing and Regulation Program 237,725 237,725
The above appropriation shall be expended pursuant to the provisions of the Code of Alabama 1975, Sections 34-21-60 through 34-21-63. Notwithstanding the limiting provisions of the Code of Alabama 1975, Sections 34-21-60 through 34-21-63, $200,000 of the above appropriation shall be expended exclusively for scholarships for advanced degrees to train instructors to teach nursing classes in Alabama colleges and universities.
SOURCE OF FUNDS:
ETF237,725
Total Nursing, Alabama Board of237,725237,725
Optometric Scholarship Awards, Board of:
Support of Other Educational Activities Program 153,610 153,610
To be expended under the provisions of the Code of Alabama 1975, Sections 34-22-60 through 34-22-65.
SOURCE OF FUNDS:
ETF153,610
Total Optometric Scholarship Awards, Board of153,610153,610
Peace Officers' Standards and Training Commission, Alabama:
Professional and Occupational Licensing and Regulation Program 279,016 4,500,000 4,779,016
Certified Law Enforcement Academy Program 382,813 450,000 832,813
Of the above appropriation for the Certified Law Enforcement Academy Program, $382,813 of ETF monies included therein shall be expended as follows:
Northeast Police Academy 99,531
Alabama Peace Officers' Standards and Training Commission Law Enforcement Academy at Tuscaloosa99,531
Alabama Peace Officers' Standards and Training Commission Law Enforcement Academy - Baldwin County 99,531
Alabama Police Academy 53,595
Montgomery Police Academy30,625
SOURCE OF FUNDS:
ETF661,829
Alabama Peace Officers' Standards and Training Fund-as provided in the Code of Alabama 1975, Sections 36-21-40 through 36-21-514,950,000
Total Peace Officers' Standards and Training Commission, Alabama661,8294,950,0005,611,829
Penny Trust Fund - Buskey Matching Funds:
Special Services Program, Estimated 352,267 352,267
SOURCE OF FUNDS:
ETF-Transfer352,267
Total Penny Trust Fund - Buskey Matching Funds352,267352,267
In accordance with Sections 41-15A-10 through 41-15A-12, Code of Alabama 1975.
Physical Fitness, State Commission on:
Advisory Services Program 1,065,138 18,846 1,083,984
SOURCE OF FUNDS:
ETF1,065,138
Federal and Local Funds18,846
Total Physical Fitness, State Commission on1,065,13818,8461,083,984
Public Health, Department of:
Administration Services Program 911,763 911,763
Continuing Education for EMT Personnel 1,470,731 1,470,731
With the above appropriation, the Department shall offer performance-based awards to regional EMS agencies for the purpose of providing continuing education to EMTs and strengthening the EMS infrastructure.
Public Health Services Program 12,156,839 12,156,839
Of the above appropriation, $11,813,665 shall be expended for the continuation of the programs in Public School Sanitation, licensure and certification, immunization activities at the county level, patient education and child health, immunization of pre-school children and students, dental health, tuberculosis and nursing services, life skills educational training in schools, vaccines to non-VFC-eligible children, and other public health purposes. Of the above appropriation, $220,612 shall be expended for AIDS Alabama and $122,562 shall be expended for the Alabama Kidney Foundation.
SOURCE OF FUNDS:
ETF14,539,333
Total Public Health, Department of14,539,33314,539,333
Rehabilitation Services, Department of:
Direct Client Services for the Handicapped Program 34,575,071 34,575,071
The proposed spending plan for the ETF monies included in the above program is as follows:
Homebound 5,010,303
Hemophilia 1,275,417
Children's Rehabilitation Services 10,785,733
Of the above appropriation the agency will pay to each hospital the standard per diem paid by the state Medicaid Agency for services relating to scoliosis and spina bifida medical care.
Education of Dependents of Blind Parents 10,635
The above appropriation shall be allocated for reimbursement to every state institution of higher learning, college, university, community college, or junior college, in which benefits are given to dependents of blind parents under the provisions of Code of Alabama 1975, Sections 16-33-1 through 16-33-12.
Rehabilitation Services 10,374,054
Of the above appropriation, $92,500 shall be expended for Teaching Children With Disabilities
Early Intervention Program5,830,888
Respite Related Services and Training 74,854
Rehabilitation Projects 1,213,187
SOURCE OF FUNDS:
ETF34,575,071
Total Rehabilitation Services, Department of34,575,07134,575,071
The above appropriation to the Department of Rehabilitation Services - Rehabilitation Projects may be used to contract with providers of cerebral palsy services.
Sickle Cell Oversight and Regulatory Commission, Alabama:
Support of Other Educational Activities Program 1,345,125 1,345,125
Of the above appropriation to the Alabama Sickle Cell and Regulatory Commission, the sum of $28,597 shall be used to fund travel and other expenses of the Alabama Sickle Cell Oversight and Regulatory Commission and $1,316,528 shall be used to fund university and community-based Sickle Cell programs which were funded from the ETF budget in FY 2000. These funds shall be distributed proportionately to the distribution made in FY 2003.
SOURCE OF FUNDS:
ETF1,345,125
Total Sickle Cell Oversight and Regulatory Commission, Alabama1,345,1251,345,125
Space Science Exhibit Commission, Alabama:
Special Services Program 531,097 36,243,000 36,774,097
SOURCE OF FUNDS:
ETF531,097
Federal and Local Funds36,243,000
Total Space Science Exhibit Commission, Alabama531,09736,243,00036,774,097
Supercomputer Authority, Alabama:
Information Technology Services Program 5,244,347 2,366,740 7,611,087
The above appropriation is to be expended in accordance with Sections 41-10-390 through 41-10-406, Code of Alabama 1975.
SOURCE OF FUNDS:
ETF-Transfer5,244,347
Supercomputer Revolving Fund, Estimated2,366,740
Total Supercomputer Authority, Alabama5,244,3472,366,7407,611,087
Veterans' Affairs, Department of:
Administration of Veterans' Affairs Program 2,740,194 2,740,194
Student Financial Aid Program, Estimated 17,205,339 17,205,339
For reimbursement to every state institution of higher learning, college, university, community college, junior college or technical college in which benefits are given to veterans, their spouses, widows, or children under the provisions of Code of Alabama 1975, Sections 31-6-1 through 31-6-17.
SOURCE OF FUNDS:
ETF19,945,533
Total Veterans' Affairs, Department of19,945,53319,945,533
Youth Services, Department of:
Financial Assistance Program (School District) 7,087,235 7,087,235
The above appropriation shall be expended by the Youth Services Department District in a manner consistent with the funding formula cooperatively established by the Youth Services Board and the State Board of Education pursuant to the provisions of the Code of Alabama 1975, Sections 44-1-70 through 44-1-77.
Youth Services Program 49,915,142 49,915,142
Special Programming for Achievement Network (SPAN) Program 4,827,979 4,827,979
SOURCE OF FUNDS:
ETF61,830,356
Total Youth Services, Department of61,830,35661,830,356
Colleges and Universities:
Alabama Agricultural and Mechanical University, Board of Trustees:
Operations and Maintenance and Program Support 31,541,539 63,905,086 95,446,625
Of the above appropriation, $40,854 shall be expended for the Black Archives Museum.
Extension-Urban Affairs and Non-Traditional Land Grant Programs 4,067,170 4,067,170
Pursuant to Knight v. Alabama Final Settlement Agreement.
Agricultural Research Station Fixed Costs 301,219 301,219
Pursuant to Knight v. Alabama Final Settlement Agreement.
Auxiliary Enterprises 12,755,366 12,755,366
Restricted Funds 39,815,989 39,815,989
Agricultural Research and Extension-State Match 1,226,904 1,226,904
SOURCE OF FUNDS:
ETF37,136,832
Federal Stimulus Funds, estimated3,360,117
Federal and Other Funds113,116,324
Total Alabama Agricultural and Mechanical University, Board of Trustees37,136,832116,476,441153,613,273
Of the above appropriation from Federal Stimulus Funds, estimated, $333,226 shall be earmarked for the Extension-Urban Affairs and Non-Traditional Land Grant Programs.
Alabama A and M University, Board of Trustees-Miles College Consortium:
Alabama A and M University-Miles College Consortium 370,339 370,339
SOURCE OF FUNDS:
ETF370,339
Total Alabama A and M University, Board of Trustees-Miles College Consortium370,339370,339
Alabama State University, Board of Trustees:
Operations and Maintenance and Program Support 43,568,347 66,868,202 110,436,549
The above appropriation for Operations and Maintenance includes funds for Health Information Management, Occupational Therapy, Physical Therapy Programs, Title VI Program Enhancement, EdD in Educational Leadership, Policy and Law, and Desegregation Planning pursuant to the Knight vs Alabama Final Settlement Agreement. Of the above appropriation, $1,156,250 shall be expended for Cooperative Efforts to Enhance Community Educational Institutions; $601,044 shall be expended for the Minority Technology Network and Center for Public Policy; and $340,917 shall be expended for building renovations.
Auxiliary Enterprises 8,312,811 8,312,811
Restricted Funds 45,413,185 45,413,185
SOURCE OF FUNDS:
ETF43,568,347
Federal Stimulus Funds, estimated3,259,874
Federal and Other Funds117,334,324
Total Alabama State University, Board of Trustees43,568,347120,594,198164,162,545
Alabama, University of, Board of Trustees:
Operations and Maintenance and Program Support for the University of Alabama at Tuscaloosa 141,677,521 325,049,134 466,726,655
The President of the University of Alabama shall implement a Workforce Development plan utilizing the existing Minority Technology Network. Of the above appropriation to the University of Alabama at Tuscaloosa, $238,417 shall be expended for the Special Outreach Program; and $204,271 shall be expended for the Alabama Center for Civic Life (the David Mathews Center).
Operations and Maintenance and Program Support for the University of Alabama at Birmingham 254,204,273 1,498,641,116 1,752,845,389
Of the above appropriation $250,000 shall be transferred to Children's Hospital for the Diabetes Research Program; $408,543 shall be expended for the Minority Business Training-Economic Development Program; $122,563 shall be expended for the Gregory Fleming James Cystic Fibrosis Program; $142,990 shall be expended for the High School Athletic Training Program; and $142,677 shall be expended for the Helen Keller Foundation.
Operations and Maintenance and Program Support for the University of Alabama in Huntsville 44,024,506 67,826,644 111,851,150
Of the above appropriation $1,850,000 shall be expended for curriculum development, research support, and specialized equipment for Robotics and Controls Research and Education; and $92,500 shall be expended for the Climatology Program.
Special Mental Health and Chauncey Sparks Center for Developmental and Learning Disorders, University of Alabama at Birmingham 3,512,347 3,512,347
School of Optometry Fund-Transfer to University of Alabama at Birmingham School of Optometry, estimated 70,000 70,000
Auxiliary Enterprises 141,050,622 141,050,622
Restricted Funds 594,412,937 594,412,937
University of Alabama at Birmingham Cancer Center 4,177,863 4,177,863
SOURCE OF FUNDS:
ETF447,596,510
Federal Stimulus Funds, estimated43,794,937
Federal and Other Funds2,583,255,516
Total Alabama, University of, Board of Trustees447,596,5102,627,050,4533,074,646,963
Auburn University, Board of Trustees:
Operations and Maintenance and Program Support, Auburn University 156,228,021 368,088,309 524,316,330
Of the above appropriation, $110,304 shall be expended to provide economic research services to the State of Alabama, Department of Finance; $67,281 shall be expended for the Jules Collins Smith Art Museum; $46,854 shall be expended for the Ralph Brown Draughon Library; $140,000 shall be expended for training for the use of the Alabama Student Information Management System (ASIMS); and $92,500 shall be expended for Special Outreach.
Auxiliary Enterprises 110,267,144 110,267,144
Restricted Funds 114,293,029 114,293,029
Operations and Maintenance and Program Support, Alabama Agricultural Experiment Station 30,968,224 36,643,531 67,611,755
Of the above appropriation, $147,073 shall be expended for fire ant eradication/research at the Department of Entomology. Of the above appropriation, $250,000 shall be expended for the Poultry Technology Center and $40,854 shall be expended for poultry research.
Operations and Maintenance and Program Support, Alabama Cooperative Extension System 32,045,664 28,941,604 60,987,268
Of the above appropriation, $250,000 shall be expended for the federal road - rural development project.
Operations and Maintenance and Program Support, Auburn University at Montgomery 23,532,791 52,710,434 76,243,225
Of the above appropriation to Auburn University at Montgomery, $300,673 shall be expended for the Statewide Economic Resources Initiative Education Support (S.E.R.I.E.S.) Program to provide a statewide economic impact education support system dedicated to providing technological capabilities to government agencies; $110,304 shall be expended for the further implementation of SMART Governing; and $110,304 shall be expended for the GAAT/CPM Program; $163,418 shall be expended for the Judicial College; and $715,000 shall be expended for the Senior Resource Center; and $250,000 shall be expended for the Rural Economic Development Program. Center.
SOURCE OF FUNDS:
ETF242,774,700
Federal Stimulus Funds, estimated25,883,408
Federal and Other Funds685,060,643
Total Auburn University, Board of Trustees242,774,700710,944,051953,718,751
Education, State Board of - Athens State University:
Operations and Maintenance and Program Support 11,142,158 15,274,646 26,416,804
Auxiliary Enterprises 96,898 96,898
Restricted Funds 19,610,082 19,610,082
SOURCE OF FUNDS:
ETF11,142,158
Federal Stimulus Funds, estimated964,566
Federal and Other Funds34,017,060
Total Education, State Board of - Athens State University11,142,15834,981,62646,123,784
Jacksonville State University, Board of Trustees:
Operations and Maintenance and Program Support 36,811,515 54,259,501 91,071,016
Of the above appropriation, $1,325,609 shall be expended by the Alabama Small Business Institute of Commerce; $204,268 shall be expended for the Wellness Initiative; and $204,271 shall be expended for the Little River Canyon Field School.
Auxiliary Enterprises 8,062,084 8,062,084
Restricted Funds 9,181,572 9,181,572
Alabama Film Initiative Program 462,500 462,500
SOURCE OF FUNDS:
ETF37,274,015
Federal Stimulus Funds, estimated3,343,660
Federal and Other Funds68,159,497
Total Jacksonville State University, Board of Trustees37,274,01571,503,157108,777,172
Montevallo, University of, Board of Trustees:
Operations and Maintenance and Program Support 17,792,894 24,106,656 41,899,550
Auxiliary Enterprises 4,518,574 4,518,574
Restricted Funds 11,620,847 11,620,847
SOURCE OF FUNDS:
ETF17,792,894
Federal Stimulus Funds, estimated1,615,160
Federal and Other Funds38,630,917
Total Montevallo, University of, Board of Trustees17,792,89440,246,07758,038,971
North Alabama, University of, Board of Trustees:
Operations and Maintenance and Program Support 25,105,160 42,466,199 67,571,359
Auxiliary Enterprises 9,598,878 9,598,878
Restricted Funds 9,061,429 9,061,429
SOURCE OF FUNDS:
ETF25,105,160
Federal Stimulus Funds, estimated2,214,246
Federal and Other Funds58,912,260
Total North Alabama, University of, Board of Trustees25,105,16061,126,50686,231,666
South Alabama, University of, Board of Trustees:
Operations and Maintenance and Program Support 99,947,234 431,578,337 531,525,571
Of the above appropriation, $300,000 shall be expended for the C.P. Newdome Foundation.
Auxiliary Enterprises 18,875,768 18,875,768
Restricted Funds 65,893,819 65,893,819
SOURCE OF FUNDS:
ETF99,947,234
Federal Stimulus Funds, estimated10,768,819
Federal and Other Funds505,579,105
Total South Alabama, University of, Board of Trustees99,947,234516,347,924616,295,158
Troy University, Board of Trustees:
Operations and Maintenance and Program Support 45,092,510 178,316,821 223,409,331
Of the above appropriation, $133,354 shall be expended for the Interpreter's Program; $40,854 shall be expended for the Center for International Business and Economic Development; and $46,854 shall be expended as an additional allocation for the Phenix City Campus.
Auxiliary Enterprises 13,920,457 13,920,457
Restricted Funds 16,665,311 16,665,311
SOURCE OF FUNDS:
ETF45,092,510
Federal Stimulus Funds, estimated4,599,282
Federal and Other Funds204,303,307
Total Troy University, Board of Trustees45,092,510208,902,589253,995,099
West Alabama, University of, Board of Trustees:
Operations and Maintenance and Program Support 13,937,010 12,805,801 26,742,811
Of the above appropriation, $712,012 shall be expended for the Alabama Medical Education Consortium; $204,271 shall be expended for the Economic and Small Business Development Program; $102,136 for the Regional Wellness and Fitness Center; $36,769 shall be expended for the National Young Farmers Educational Association; $281,945 shall be expended for the Black Belt Treasures Initiative; $69,000 for the Office of International Programs; and $400,000 shall be expended for remedial education programs.
Auxiliary Enterprises 3,765,212 3,765,212
Restricted Funds 1,857,760 1,857,760
SOURCE OF FUNDS:
ETF13,937,010
Federal Stimulus Funds, estimated1,203,971
Federal and Local Funds17,224,802
Total West Alabama, University of, Board of Trustees13,937,01018,428,77332,365,783
Other:
Deaf and Blind, Alabama Institute for, Board of Trustees:
Adult Programs 9,349,612 6,659,444 16,009,056
Children and Youth Programs 26,043,024 3,423,185 29,466,209
Industries for the Blind 7,967,304 23,920,944 31,888,248
SOURCE OF FUNDS:
ETF43,359,940
Federal and Other Funds34,003,573
Total Deaf and Blind, Alabama Institute for, Board of Trustees43,359,94034,003,57377,363,513
Knight v. Alabama - Financial Obligations:
Support of State Universities Program, Estimated 5,495,742 5,495,742
Pursuant to the Settlement Agreement and Final Order in the Knight v. Alabama case CV-83-M-1676, the appropriation above includes the following:
Alabama State University -Trust for Educational Excellence Matching Funds of up to 1,000,000
To provide up to $1,000,000 to the extent same has been matched by gifts, grants, and contributions to the Trust.
Alabama A & M University -Trust for Educational Excellence Matching Funds of up to1,000,000
To provide up to $1,000,000 to the extent same has been matched by gifts, grants, and contributions to the Trust.
Alabama State University-for Scholarships to Diversify Funds of up to1,000,000
To provide up to $1,000,000 pursuant to the requirements of the Settlement Agreement and Final Order. Any funds remaining after the payment of the scholarships shall be transferred to the Alabama Commission on Higher Education-Alabama Student Assistance Program fund and shall not revert to the ETF at the end of the fiscal year.
Alabama A & M University-for Scholarships to Diversify Funds of up to1,000,000
To provide up to $1,000,000 pursuant to the requirements of the Settlement Agreement and Final Order. Any funds remaining after the payment of the scholarships shall be transferred to the Alabama Commission on Higher Education-Alabama Student Assistance Program fund and shall not revert to the ETF at the end of the fiscal year.
PhD in Microbiology1,295,742
Based on funding formula calculations provided by the Alabama Commission on Higher Education. This appropriation is the fifth year of eight years of funding for this program.
Two-Year Postsecondary Department, Alabama A & M - Alabama State University Transfer Scholarship Program200,000
SOURCE OF FUNDS:
ETF5,495,742
Total Knight v. Alabama - Financial Obligations5,495,7425,495,742
To be allocated and expended in accordance with the Final Order and Settlement Agreement in Knight v. Alabama, Civil Action CV 83-M-1676, 900 F Supp 272.

Section 4. In addition to all other appropriations, there is hereby appropriated $8,940,252 from the Education Trust Fund representing the remaining 50% of the interest income accumulated at the rate of 6% from FY 1992 through FY 2002 for the K-12 school systems that did not receive allocations of interest from their Sixteenth Section Land Grants held in trust by the State of Alabama, to be conditioned upon the availability of funds, the recommendation of the Finance Director, and approval of the Governor. This conditional appropriation is pursuant to the Class Settlement Agreement signed by the Covington County Circuit Court on December 9, 2004.

School System NameDistribution of Interest
Autauga County$2,152
Baldwin County55,478
Barbour County341
Bibb County13,475
Blount County5,573
Calhoun County567,608
Piedmont City120
Cherokee County35,893
Chilton County19,172
Choctaw County254,676
Clarke County265,845
Thomasville City17,620
Clay County273
Cleburne County1,819
Coffee County15,199
Elba City303
Enterprise City271
Colbert County862,096
Muscle Shoals City58,834
Sheffield City10,699
Tuscumbia City56,553
Conecuh County46
Coosa County7,812
Covington County1,335,886
Andalusia City188,267
Opp City161,250
Cullman County95,546
Dale County1,177
Daleville City892
Dallas County2,471
Selma City1,266
DeKalb County16,101
Fort Payne City1,420
Elmore County19,248
Tallassee City1,156
Escambia County249,835
Brewton City20,523
Etowah County107
Gadsden City 29
Fayette County29,036
Franklin County622,371
Russellville City130,179
Geneva County510,370
Geneva City41,626
Greene County258,426
Hale County19,343
Henry County32,646
Houston County107,277
Dothan City649
Jackson County123,983
Scottsboro City2,034
Jefferson County1,320,529
Birmingham City297
Lamar County1,621
Lauderdale County271,761
Florence City18,953
Lawrence County5,169
Limestone County285
Athens City6,630
Lowndes County1,210
Macon County13,766
Madison County61
Huntsville City522
Madison City108
Marengo County113,077
Demopolis City2,559
Linden City36,318
Marion County343,220
Winfield City31,151
Marshall County11,001
Guntersville City102
Monroe County10,760
Montgomery County117
Morgan County603
Decatur City66,869
Perry County2,074
Pickens County1,717
Pike County83
Randolph County6,074
Roanoke City852
Russell County107
Phenix City21
Saint Clair County22,582
Pell City89
Shelby County6,914
Sumter County41,067
Talladega County201
Sylacauga City48
Talladega City28
Tallapoosa County15
Tuscaloosa County10,950
Tuscaloosa City41
Walker County346
Washington County303,595
Wilcox County30,619
Winston County26,025
Haleyville City5,143

Section 5. In addition to all other appropriations, there is hereby appropriated from the Education Trust Fund the following amounts to be conditioned upon the availability of funds, the recommendation of the Director of Finance, and the approval of the Governor:

EntityAppropriation
a.Department of Education-for the Alabama Reading Initiative$5,000,000
b.Department of Education-for the Alabama Math/Science/Technology Initiative$5,000,000
c.Department of Education-for Distance Learning (ACCESS)$5,000,000
d.Foundation Program/Local Boards of Education - Other Current Expense$20,000,000
e.Foundation Program/Local Boards of Education - Transportation Program$10,000,000
f.Department of Education-for Advanced Placement$1,000,000
g.Department of Education-Teacher Recruitment Incentives$2,000,000
h.Department of Education-Teacher Mentoring $1,000,000
i.Department of Human Resources$5,000,000
j.State Council on the Arts-Smithsonian Arts Festival$1,000,000
k.Department of Rehabilitation Services-Homebound Program$500,000 1,000,000
l.Department of Rehabilitation Services-Early Intervention Program$500,000 1,000,000
m.State Board of Education, Local Boards of Education - Textbooks (to be allocated equally based on the number of students in Average Daily Membership and in the same manner as other classroom instructional support funds are distributed in the Foundation Program)$5,600,000
n.State Board of Education, Local Boards of Education - Technology (to be distributed equally based on the number of state-funded units and in the same manner as other classroom instructional support funds are distributed in the Foundation Program)$9,900,000
o.School of Math and Science$450,000
p.School of Fine Arts$450,000
q.Alabama Institute for Deaf and Blind$250,000

Section 6. The appropriations made herein to an agency or entity are for the valid purposes and/or operation and maintenance of that agency or entity. There shall be no pass-through appropriation by that agency or entity at the direction of any member of the legislative, executive or judicial branch of government. The director of any agency or entity that is directed by a member of the legislative, executive or judicial branch of government to pass-through an appropriation to another state or non-state entity shall report such directive to the Governor, the Chairs of the House Education Appropriations Committee and the Senate Finance and Taxation-Education Committee. Nothing in this section is intended to prohibit a legislator or any other person from asking for or asking about the status of a project that falls within the legal purpose or function of that agency.

Section 7. In addition to the appropriations herein made, all gifts, grants, contributions, insurance proceeds or entitlements, in excess of the amount carried in this act, including grants by the Congress of the United States, municipalities or counties, to any department, division, board, bureau, commission, agency, institution, office or officer of the State of Alabama are hereby appropriated and, in the event the same are recurring, are reappropriated to such department, division, board, bureau, commission, agency, institution, office or officer to be used only for the purpose or purposes for which the grant or contribution was or shall be made. Further, all state, county, municipal and educational entities are authorized to disburse such sums as deemed necessary by mutual agreement between said entities and the State of Alabama, Department of Examiners of Public Accounts to partially defray the cost of auditing services performed by said agency. All such sums are hereby appropriated and reappropriated if necessary to the Department of Examiners of Public Accounts for audit services, to be expended through the fund established by Section 41-5-24, Code of Alabama 1975.

Section 8. The State Superintendent of Education shall make requisitions to the State Comptroller in favor of the proper beneficiary in accordance with the law and rules and regulations governing the expenditure or disbursement of any and all funds appropriated to the State Department of Education and/or the State Board of Education in this act, whereupon the Comptroller shall issue his warrant therefor. All other appropriations in this act shall be paid after proper requisitions are made to the State Comptroller in the manner now provided by law.

Section 9. Nothing in this act shall be construed to affect or repeal any law authorizing or permitting any college, school or other education or eleemosynary institution of the State to receive, collect or disburse any fees, tuitions, charges, sales, endowments, trusts or income therefrom, which are now or may hereafter be authorized to receive, collect or disburse. The receiving college, school or institution shall further maintain separate accounts for such receipts or shall maintain a system of accounting which will show a cash flow of such receipts received under the provision of this appropriation.

Section 10. The appropriations made herein to the departments, boards, offices, commissions, and agencies include the amount necessary and said departments, boards, offices, commissions, and agencies are hereby directed to make the transfer of funds to the State Personnel Department in the amounts enumerated in the general appropriations act for the fiscal year ending September 30, 2011. All agencies and institutions enumerated in this act that receive services from other governmental agencies enumerated in this act or the general appropriations act shall make full payment in a timely manner (as determined by the Department of Finance) for such services.

Section 11. All encumbered balances of a previous fiscal year appropriation other than the exclusions authorized by the Code of Alabama 1975, Section 41-4-93, shall lapse no later than September 30 of the fiscal year immediately following the fiscal year for which the appropriation was made and shall revert to the credit of the Education Trust Fund or earmarked fund from which the appropriation or appropriations were made.

Section 12. Upon certification to the Director of Finance by the State Attorney General that a federal court has ordered the State of Alabama to pay claims, attorney fees, or other costs relating to said court order, funds are hereby appropriated to the affected department, board, bureau, or commission in the amount necessary to satisfy that court order. Such appropriations are in addition to any other appropriation heretofore or hereafter made in this appropriation act. Such appropriations are conditioned upon the availability of funds and a determination by the Director of Finance that other current appropriations are not available for court-ordered payments.

Section 13. All state-mandated and state-funded salary increases and fringe benefits for Child Nutrition Program workers shall be fully-funded from the Foundation Program appropriation in this act, and shall therefore be subsequently fully-funded by all local boards of education from funds provided in this act from Other Current Expense and not from funds generated by the Child Nutrition Program unless the local school system's Child Nutrition Program has in excess of a three-month operating reserve. Before any funds may be utilized by the local board of education to pay for salary or fringe benefits, the State Department of Education Child Nutrition Program Administrator shall conduct an analysis of each local board of education's Child Nutrition Program, and certify that the program meets the three-month balance as of the end of the previous fiscal year and shall therefore insure that the use of the funds in excess of a three-month balance will not be detrimental to the local Child Nutrition Program. The State Department of Education Child Nutrition Program Administrator shall certify to the State Superintendent of Education that funds utilized in excess of a three-month balance as of the end of the previous fiscal year are in excess of any funds contained in an approved corrective plan submitted by the local school system's Child Nutrition Program for expenditures at each applicable school site for facilities, equipment, personnel, and/or salary schedule adjustments. It is the intent that no employee shall suffer a reduction of hours, benefits, compensation, or termination of employment, and that no local Child Nutrition Program services shall be contracted out as a result of this section. It is further the intent of the Legislature that the State Department of Education shall help to develop a plan to eliminate any financial deficiencies that may arise in a local Child Nutrition Program as a result of this section, and that disputes which may arise regarding corrective action plans are to be resolved by the State Department of Education consolidated monitoring teams. The State Department of Education shall give an annual report to the Legislature, the Chair of the House Education Appropriations Committee, the Chair of the Senate Finance and Taxation-Education Committee, and the Legislative Fiscal Officer one month prior to each regular session of the Legislature on the impact of this section on the local Child Nutrition Programs.

Section 14. For FY 2011, local boards of education may exercise flexibility among line item expenditures, not to create a reduction of earned teacher units and/or local board of education support personnel.

Section 15. This Act anticipates $0 in an unappropriated or unanticipated ending balance in the Education Trust Fund. Notwithstanding Section 40-1-32.1 or any other law, if FY 2011 ends with a balance in the ETF, 37.5% of any ending balance must be transferred by the Director of Finance to the Statutory Proration Prevention Account in Section 40-1-32.1, Code of Alabama and 37.5% must be transferred by the Director of Finance toward the repayment of the Rainy Day Account as provided for in Amendment 803 to the Alabama Constitution.

Section 16. No funds provided herein for the public schools shall be used for the payment of any salaries of personnel which are not under the direct control, employment, and supervision of local boards of education; provided, however, that this section shall not apply to the construction, renovation, or major repair of buildings or other capital improvements which are beyond the capacity of regular employees to perform.

Section 17. Any amounts that may become due and payable of Public School and College Authority Swaptions are hereby authorized to be paid in the same manner as other debt service on Public School and College Authority bonds, including items such as court costs and attorney fees associated with swaption litigation.

Section 18. Notwithstanding any other provisions of this act or any other act, any amount from appropriations for the fiscal year ending September 30, 2010 to the various state agencies and institutions in this act which are unexpended and reverted on September 30, 2010 are hereby reappropriated to the respective offices for the fiscal year beginning October 1, 2010.

Section 19. If merit pay increases are reinstated after December 31, 2010, current anniversary dates will be maintained for all employees. Agencies are prohibited from adjusting employee anniversary dates to obtain merit pay increases at an earlier date.

Section 20. The appropriations made herein to the departments, boards, offices, commissions and agencies include the amounts necessary to pay the State Employee Health Insurance Board (SEIB). The SEIB rate shall be $805 per month for each full-time employee for the fiscal year ending September 30, 2011. The SEIB shall adjust the insurance program wherever appropriate to maintain the aforementioned fixed rate.

Section 21. In the event any federal funds become available to Alabama from any additional federal stimulus or jobs funds from Congress for education, it is the intent of the Legislature to carry forward those funds to be appropriated for FY 2012 if allowed by Congress. If Alabama is not allowed to carry those funds forward to FY 2012, there is hereby conditionally appropriated any federal funds made available to Alabama from any additional federal stimulus funds provided by Congress. Any such funds should be apportioned by the Director of Finance according to the division of funds between higher education and K-12 as provided for in this Act unless the distribution is otherwise provided by Congress. The first priority conditional for the K-12 share of federal jobs funds shall be to distribute $33,040,170 for fleet renewal. The second priority conditional shall be to distribute the remainder of any K-12 federal jobs funds through the Other Current Expense formula in the Foundation Program.

Section 22. If any section, paragraph, sentence, clause, provision or portion of this act or all or any portion of the appropriations herein made is held unconstitutional or invalid, it shall not affect any other section, paragraph, sentence, clause, provision or portion of this act or any other appropriation or appropriations or portion thereof hereby made not in and of itself unconstitutional or invalid.

Section 23. All laws or parts of laws, general, special, private or local in conflict with or inconsistent with the provisions of this act are hereby expressly repealed.

Section 24. This act shall become effective on October 1, 2010.


Education Trust Fund
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Appropriations--Education Appropriations Act
Budgets
Education
Colleges and Universities
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State Funds
Teachers