Current through Register Vol. 42, No. 11, August 30, 2024
(1)
The State Superintendent of Education shall prepare a list of priority schools
under the provisions of the Alabama Accountability Act of 2013, as amended. The
list of schools will be provided to local school superintendents and will be
posted to the State Department of Education's web site before November 1. A
priority school is determined by the State Department of Education through the
approved accountability formula that contains the following criteria:
(a) The school meets the criteria for a
priority school included in the Alabama Accountability Act of 2013, as
amended.
(b) Beginning on September
1, 2023, the school earns a grade of "D" or "F" on the most recent school
report card developed pursuant to Section 16-6C-2, Code of Alabama
1975.
(2)
Before January 1 of each year, a local board of education that has a school
included on the annual list of priority schools shall provide notification to
parents or legal guardians of students enrolled in a priority school or, upon
completion of the highest grade in the school currently attending, the student
is scheduled to enroll in a priority school the following school year. The
notification will outline options those parents or legal guardians may pursue
related to school choice for the following school year. The options for school
choice must be presented in the order listed below:
(a) Option 1 - The student will remain or
enroll in the priority school.
(b)
Option 2 - The student will transfer to a comparable school that is not
included on the annual list of priority schools within the same local school
system that has available space and is willing to accept the student. The local
school system will be responsible for the transportation costs for the student
if the school system provides transportation for other enrolled students. The
local school system may negotiate transportation options with a parent of the
student.
(c) Option 3 - The student
will transfer to a comparable school that is not included on the annual list of
priority schools within another Alabama local school system that has available
space and is willing to accept the student.
(d) Option 4 - Student transfers to a
qualifying nonpublic Alabama school that is willing to accept the
student.
(e) The option for the
student to transfer to another Alabama local school system is not available if
a comparable school that is not included on the annual list of priority schools
within the same local school system has available space and is willing to
accept the student.
(f) A
comparable school does not include a school that limits admission due to
established academic or selection criteria for incoming students.
(3) After notification of the
options to transfer a student from a priority school, the parents or legal
guardian must submit the required notice of transfer to a qualifying Alabama
school for the following school year. The State Department of Education will
provide the notice of transfer form and accompanying instructions to the
priority school.
(a) The notice of transfer
must be submitted to the local school superintendent or designee by March
1.
(b) The notice of transfer must
include verification, from the school administrator of the qualifying school
that the student will attend the following year, that the school will accept
the student. The student must first attempt to enroll in a comparable school
that is not included on the annual list of priority schools within the same
local school system.
(c) The notice
of transfer, for a student who was attending another Alabama public school
system on April 1 and enrolls in and attends a priority school for the
following school year, must be submitted to the local school superintendent or
designee before the tenth day after Labor Day.
(d) The parent or legal guardian of a student
who transfers from a priority school after March 14, 2013, shall remain
eligible for the state income tax credit or educational scholarship until the
student completes the highest grade level that the priority school offered at
the time of the transfer.
(4) A student with disabilities enrolled in
or scheduled to enroll in a priority school the following school year that
transfers to a qualifying Alabama school will be provided with the services as
outlined in the current Individualized Education Plan Program (IEP).
(a) A student with disabilities who transfers
to a comparable school that is not included on the annual list of priority
schools within the same local school system will be provided with the services
as outlined in the current IEP.
(b)
A student with disabilities who transfers to a comparable school that is not
included on the annual list of priority schools within another Alabama local
school system will transfer with the current IEP services and the receiving
local school system may convene an IEP meeting to make any revisions to the IEP
based on the needs of the student within the new environment.
(c) A student with disabilities who transfers
to a qualifying nonpublic Alabama school will be eligible for the services
provided to nonpublic school students contained in the LEA Non-Public School
Services Plan.
(5)
Qualifying nonpublic schools include private schools and church schools
providing educational services to Alabama students. A qualifying nonpublic
school does not include a school providing educational services through
homeschooling or online courses. A qualifying nonpublic school must meet the
requirements to participate in the scholarship program authorized by the
Alabama Accountability Act of 2013, as amended. A qualifying nonpublic school
must be accredited by one of the six regional accrediting agencies recognized
by the State Board of Education or meet all the conditions for a qualifying
school provided by the Alabama Accountability Act of 2013, as
amended.
Author: Dr. Warren Craig Pouncey; Dr. Eric G.
Mackey.
Statutory Authority:
Code of Ala.
1975, §
16-3-11.
