116253-2:n:01/26/2010:KMS/th LRS2010-83R1
| SYNOPSIS: | This bill would increase the maximum age of children required to attend school from 17 to 18 and would clarify the option of attending alternative school for students who violate a local board of education code of conduct. |
| Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose. | |
| The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment. |
To amend Section 16-28-3, as amended by Act 2009-564, 2009 Regular Session (Acts 2009, p. 1648), and Section 2 of Act 2009-564, now appearing as Section 16-28-3.1, Code of Alabama 1975, relating to mandatory school attendance, to increase the maximum age of children required to attend public school from 17 to 18; to clarify the option of attending alternative school for students who violate a local board of education code of conduct; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 16-28-3, as amended by Act 2009-564, 2009 Regular Session (Acts 2009, p. 1648), and Section 2 of Act 2009-564, now appearing as Section 16-28-3.1 of the Code of Alabama 1975, are amended to read as follows:§16-28-3.
"Every child between the ages of seven and 17 18 years shall be required to attend a public school, private school, church school, or be instructed by a competent private tutor for the entire length of the school term in every scholastic year except that, prior to attaining his or her 16th birthday every child attending a church school as defined in Section 16-28-1 is exempt from the requirements of this section, provided such child complies with enrollment and reporting procedure specified in Section 16-28-7. Admission to public school shall be on an individual basis on the application of the parents, legal custodian, or guardian of the child to the local board of education at the beginning of each school year, under such rules and regulations as the board may prescribe. Any child who attains his or her 18th birthday during the school year shall remain enrolled in school for the entire length of that school year.
§16-28-3.1.
"(a) A child over the age of 17 18 may withdraw from public school prior to graduation if both of the following circumstances exist:
"(1) Written consent is granted by the child's parent or legal guardian.
"(2) An exit interview is conducted where the student and the student's parent or legal guardian have been advised that withdrawal from school shall likely reduce the student's future earning potential and increase the student's likelihood of being unemployed in the future. During the exit interview, the student who is withdrawing from school shall be given information that has been prepared and supplied by the State Department of Education regarding the detrimental impacts and effects of early withdrawal from school along with any available training and employment opportunity programs, provided such information is available.
"(b) The State Department of Education shall work with local public school systems that have the lowest four-year graduation rates. The department shall incorporate specific dropout prevention strategies, target resources, and gather data that will improve graduation rates and educational outcomes in all grades in all public schools. The department shall develop specific methods of targeted intervention or identify appropriate existing methods for local public school systems that have a four-year graduation rate less than the percentage as determined by the State Board of Education. These interventions may include the following:
"(1) Early intervention for students who fail Algebra I, or any ninth grade reading or math class, and have insufficient credits to be promoted.
"(2) Alternative education programs designed to reengage dropouts including, but not limited to, dual enrollment courses at the community college level.
"(3) Increased availability of advanced placement courses.
"(4) Offering full course fee waivers for students who are eligible for free or reduced lunches, when enrolled in dual credit courses.
"(5) Flexible programs for older students who are currently not enrolled.
"(6) Comprehensive coaching for middle school and high school students who are below grade level in reading and math or who are at risk due to poor attendance, behavior, or safety issues including, but not limited to, harassment and bullying.
"(7) Teacher advisories and other supports that are designed to specifically address the needs of those students who are most at risk of dropping out of school by providing opportunities to build positive connections with peers and teachers and providing assistance with course selection, school performance, and completion of graduation requirements. Students who are most at risk of dropping out of school include, but are not limited to, those students who move often, have poor attendance, or have multiple suspensions or discipline issues.
"(8) Strategies that are specifically designed to improve high school graduation rates for those teenagers who are at the highest risk of dropping out, including, but not limited to, students in the foster care system, pregnant students, student parents, English as second language students, and students with special educational needs.
"(c) The department, in addition to other information and data, shall compile all of the following data to ensure that the dropout prevention program, and local versions of the program, are based upon evidence-based research, are data-driven, and show continuous improvement in:
"(1) The total number of high school suspensions related to truancy.
"(2) The total number of students enrolled in alternative education programs.
"(3) The total number of students who have been reenrolled in programs with flexible schedules or community college programs.
"(4) The total number of students who have failed Algebra I or ninth grade reading or math.
"(5) The total number of students who are repeating the ninth grade.
"(6) The total number of students receiving remedial assistance in the ninth grade.
"(d) The department shall prepare and submit to the Legislature a written report that documents all of the following:
"(1) The outcomes of the dropout prevention strategies to date, at the local school system level.
"(2) Any planned modification of school system dropout prevention strategies and activities, based on the data compiled.
"(d) A public school student may request or be sent to an alternative school, where applicable, if the conduct or behavior of the student violates the code of conduct of the local board of education. This subsection shall not be construed as prohibiting a local board of education from establishing policies regarding attendance, whether voluntary or mandatory, for alternative schools under the jurisdiction of the local board of education pursuant to state law."
Section 2. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill requires expenditures only by a school board.
Section 3. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.