long-range plans shall be the same as that set forth hereinabove for the incremental five-year plans and the long-range plans shall include such provisions as may be appropriate for the following:

(1) Establishment of special education classes, instruction, curricula, facilities, equipment and special services;

(2) Utilization of teachers and other personnel;

(3) Attendance requirements for exceptional children;

(4) Services for exceptional children whose condition will not permit them to profit or benefit from any kind of school program, such as day care, recreation programs and other services and facilities: and

(5) Payment of tuition and other costs for attendance at appropriate semi-public or private schools or institutions which may be able to provide appropriate services for all or some exceptional children in comparison with that which can be provided through the school system, such as, for example: Children's Center of Montgomery; and Opportunity Center School in Birmingham. Such payment per exceptional child shall not exceed the average per pupil appropriation for all exceptional children in the school district, including allowances for teacher units, transportation and all other aid for exceptional children. Such payment shall, however, be limited to the extent that the child's needs cannot be met in the schools and further limited to private institutions which are approved or accredited for such training by the state board of education. Institutions which have not met minimal standards as may be prescribed by the state board of education shall not be eligible by direct or indirect means to receive state funds. No funds shall be expended for training in any school or institution outside the state of Alabama.

(6) The enrollment of exceptional children at appropriate state institutions for such children, which enrollment shall relieve the school board from any further responsibility for any such child during the period of such enrollment. [1971, No. 106, sec. 6, appvd. July 22, 1971.]

SEC. 534(31). General provisions.–No child shall be given special services under the terms of this chapter as an exceptional child until he is properly classified as an exceptional child. Provided, however, the child's parent or guardian shall be informed of the reasons for such classification. A copy of the report certifying to the child's type of exceptionality shall be kept on file in the office of the principal of the school in which the child is enrolled and at such other places as may be prescribed by regulations of the state board of education. In providing for the instruction of exceptional children, the school boards shall utilize regular school facilities and adapt them to the needs of exceptional children, except as otherwise provided herein. No exceptional child shall be segregated and taught apart from other nonexceptional children until a careful study of the child's case has been made and evidence obtained which indicates that such segregation would be for the exceptional child's benefit or is necessary because of difficulties involved in teaching the child in a regular school program. Appropriate placement shall be made on the basis of the placement committee recommendation, wherever this is practicable. The principal of the school in which an exceptional child is taught shall keep a written record of the case history of each exceptional child, showing the reason for any withdrawal of such exceptional child from the regular school program in the public school and his enrollment in or withdrawal from a special school program for exceptional children. Such confidential record shall be available for inspection by appropriate school officials and appropriate faculty at any time with the consent of the school principal. [1971, No. 106, sec. 8, appvd. July 22, 1971.]

SEC. 534(32). Reports on exceptional children.-The Alabama. Boys Industrial School, Alabama State Training School for Girls, Alabama Institute for Deaf and Blind, Alabama State Department of Mental Health, State Crippled Children's Service, the state board of health, and the department of pensions and security shall direct their field workers to review their case records on or before March 31 of each year and to report to the superintendent of each school board the names and other pertinent information for all persons who might (if certified by a specialist) be exceptional children in the school district and whose conditions in their opinion might

require special education services. [1971, No. 106, sec. 9, appvd. July 22, 1971.]

SEC. 534(33). Vision or hearing impaired and those having other special learning disabilities.-The state superintendent of education is authorized to purchase and arrange for distribution among schools (school) boards previously adopted textbooks, equipment and materials which are prepared in various resource and media centers, for the use of vision and hearing impaired children and those having other special learning disabilities enrolled in the public schools in Alabama or whose tuition and expenses at other schools are being paid by a school board under the provisions of this chapter. [1971, No. 106, sec. 10, appvd. July 22, 1971.]

SEC. 534(34). Transportation.-When authorized by regulations of the state board of education in lieu of the amount calculated on the basis of daily attendance otherwise authorized by law, there shall be allowed from the special educational trust fund (the minimum program fund) for each bus used exclusively for the purpose of transporting eight or more pupils classified as exceptional children who are unable to ride regular school buses eighty percent (80%) of the cost of such transportation, and a proportionate amount shall be allowed for a vehicle used exclusively for the transportation of a smaller number of exceptional children in average daily attendance as prescribed by regulations of the state board of education. [1971, No. 106, sec. 11, appvd. July 22, 1971.]

SEC. 534(35). Scholarships for special teachers.-The state board of education is authorized to make training grants to professional personnel who seek special training in exceptional child education to qualify said personnel to meet professional requirements set forth in said state board's regulations, and shall be responsible for the administration of said program. Such grants are limited to personnel who are under contract to work in the exceptional child program in this state, the training schools, the child training centers, and at the various residential facilities for exceptional children throughout the state for such contractual periods as the state board of education may by regulation specify, and to regular students who plan to work in the exceptional child program in this state and who sign a commitment satisfactory to the state board of education that they will take an appropriate available job at any location within the state of Alabama upon graduation or completion of their studies. Such commitments shall be binding upon those who sign them and receive scholarship aid, but the state board of education may waive the enforceability thereof in the event of extreme and unforeseen hardship. Each grant shall cover the cost of tuition, housing and food, from a minimum dollar amount for residence enrollment in specific courses approved by the state superintendent under the regulations of the state board of education. Said courses for which scholarships may be made available are those offered on the campuses of the institutions of higher learning in this state, except where necessary courses are not offered in this state. Where courses are not offered in this state in the areas requiring certification in exceptional child education, the recipient may receive said grant for attending an out-of-state institution of higher learning approved by the state board of education to meet the professional requirements of the state of Alabama. [1971, No. 106, sec. 12, appvd. July 22, 1971.]

Curriculum

Textbooks (ch. 19).

SEC. 408. Studies required to be taught in elementary schools.--In every elementary school in the state there shall be taught reading, spelling and writing, arithmetic, oral and written English, geography, history of the United States and Alabama, elementary science, hygiene and sanitation, physical training and such other studies as may be prescribed by the state board of education. English shall be the only language employed in teaching in the first six grades of the elementary schools in the state. [1927 School Code, sec. 431.]

Instruction as to Certain Subjects (ch. 30).

SEC. 545. Constitution of United States in course of instruction.—In all public and private schools located within the state of Alabama, there shall be given regular courses of instruction of the Constitution of the United States. Such instruction in the Constitution of the United States shall begin not later than the opening of the eighth grade, and shall continue in the high school course and in courses in state colleges, universities and the educational departments of state and municipal institutions to an extent to be determined by the state superintendent of education. [1927 School Code, sec. 597.]

Drug Abuse Education (ch. 30A).

SEC. 546(4). Purpose and legislative intent.—The purpose of this chapter is to insure the development of a comprehensive drug abuse education program for all children and youth in grades one through twelve. It is the legislative intent that this program shall teach the adverse and dangerous effects on the human mind and body of drugs and that such instruction shall be intensive and that it shall be given emphasis, beginning with the 1971-72 school year. It is further the intent of the legislature that the voluntary [voluntary] services of persons from the profession of clergy, education, medicine, law enforcement, social services, and such other professionally and occupationally qualified individuals as can make a contribution to this program be utilized in its implementation so that the highest possible degree of expertise may be brought to bear. [1971, No. 1934, sec. 3, appvd. Sept. 20, 1971.]

SEC. 546(6). Exclusion of teacher or administrator employed by nonpublic school from participation in institutes or programs.-No teacher or school administrator employed by a nonpublic school shall be excluded from participating in in-service teacher education institutes or curriculum development programs conducted pursuant to this chapter. [1971, No. 1934, sec. 5, appvd. Sept. 20, 1971.]

Records and Reports

School Attendance (ch. 11).

SEC. 306. Report of enrollment.-At the end of the fifth day from the opening of the public school, the principal teacher of each public school, private school, denominational school, parochial school, and each private tutor, shall report on forms prescribed by the state superintendent of education to the county superintendent of education, in the event the school is operated in territory under the control and supervision of the county board of education, or to the city superintendent of schools, in the event the school is operated in territory under the control and supervision of a city board of education, the names and addresses of all children between the ages of seven and sixteen years who have enrolled in such schools, and thereafter, throughout the compulsory attendance period, the principal teacher of each school and private tutor shall report at least weekly the names and addresses of all children between the ages of seven and sixteen years who enroll in said school, or who having enrolled, were absent without being excused, or whose absence was not satisfactorily explained by the parent, guardian, or other person having control of the child. [1927 School Code, sec. 309.] Cited in Jenkins v. Avery, 257 Ala. 387, 59 So.(2d) 671.

SEC. 307. Reports required must be furnished.-All school officers, including those in private schools, denominational schools, parochial schools, or private tutor, in this state, offering instruction to pupils within the compulsory attendance ages, shall make and furnish all reports that may be required by the state superintendent of education, and by the county superintendent of education or by the boards of education of any city with reference to the workings of this chapter. The principal teacher of each public school, private school, denominational school, parochial school, and each private tutor, shall keep an attendance register showing the enrollment of the school and every absence of each enrolled child from school for a half day or more during each school day of the year. [1927 School Code, sec. 310.]

SEC. 321. Attendance register evidence.-The registry of attendance of pupils kept by any public school, private school, denominational school,

parochial school or private tutor in compliance with the provisions of law or any rule and regulation promulgated by the state board of education shall be admissible as evidence of the existence or non-existence of the facts it is required to show. A copy of any rule and regulation of the state board of education, duly certified as true and correct by the state superintendent of education shall be admissible as evidence of the provisions of such rule and regulation, and the statement in the certificate of the state superintendent of education of the date of the promulgation, shall be admissible as evidence that such rule and regulation was duly promulgated on the day and date named. [1927 School Code, sec. 325.]

Private, Denominational and Parochial
School Reports (ch. 31).

SEC. 547. Schools required to register and report.-All private, denominational and parochial schools or institutions of any kind having a school in connection therewith register annually on or before the tenth day of October with the department of education, shall report on uniform blanks furnished by the state superintendent of education giving such statistics as relate to the number of pupils, the number of instructors, enrollment, attendance, course of study, length of term, cost of tuition, funds, value of property, and the general condition of the school. [1927 School Code, sec. 599.]

SEC. 548. Schools to make reports required by attendance law. -All private, denominational, or parochial schools offering instruction to pupils within the compulsory attendance ages shall keep all records and make all reports that may be required in any compulsory attendance law now in force or that may hereafter be enacted in the state of Alabama, and no pupil attending any private, denominational, or parochial school which fails to comply with the requirements of this chapter, shall be considered as meeting the legal requirements of such compulsory attendance laws. [1927 School Code, sec. 600.]

Teacher Certification

Teacher Training and Certification (ch. 12).

SEC. 323. Issuance, extension and renewal of certificates.-All matters relating to the issuance, extension and renewal of certificates based upon examinations or upon credentials, including transcripts of applicants' records submitted by institutions of higher learning in Alabama approved for the training of teachers, or by institutions operated under the control of the state board of education for the training of teachers, or by institutions located in other states whose standards of training teachers are the same or equivalent to those approved by the state board of education, shall be subject to the rules and regulations of the state board of education. It shall be the duty of the state superintendent of education to submit for the approval of the state board of education from time to time rules and regulations governing the issuance, renewal and extension of certificates and to have printed a bulletin or bulletins which shall contain full information relating to the issuance, renewal and extension of certificates on examinations or on credentials, including transcripts of applicants' records, diplomas or training-in-service courses carried on under county superintendents of education and city superintendents of schools, approved by the state superintendent of education. [1927 School Code, sec. 340.]

SEC. 325. Examination for teacher's certificate. -All examinations for teachers' certificates shall be upon uniform questions prepared and sent out by the state superintendent of education, either in person or through his assistants. All examination papers shall be forwarded to, read and corrected by the state superintendent of education, either in person or by his assistants. The county superintendent of education shall render such assistance in holding examinations as may be required by the state superintendent of education. [1927 School Code, sec. 342.]

SEC. 326. Basis of certificates issued.-Certificates hereafter to be granted shall be those based upon credentials showing the academic and professional

or the special training of the applicants, or such certificates issued on the basis of examination of the applicants, as may be authorized and prescribed under rules and regulations approved by the state board of education; provided that nothing in this chapter shall be so construed as to limit the life of any certificate now in force; provided further that in a county in which the employment of teachers certificated by examination is prohibited by regulation such county board of education may by resolution request that examinations of teachers be discontinued in that county, and the state superintendent of education shall have authority in his discretion to approve such request. [1927 School Code, sec. 343.]

Health and Safety

Mental and Physical Examination of
School Children (ch. 33).

SEC. 555. Physical education required.-Every public school and private or parochial school shall carry out a system of physical education, the character of which shall conform to the program or course outlined by the department of education. [1927 School Code, sec. 621.]

Federal Aid

School Finance (ch. 10).

SEC. 199(1). State treasurer authorized to accept federal grants, appropriations or allocations.-The state treasurer is hereby authorized and empowered to accept from the federal government or any instrumentality thereof, in the name of and for the state of Alabama any grant from the federal government or any appropriation made by the congress of the United States or any allocation of federal funds appropriated by the congress of the

United States to the state of Alabama for the purpose of assisting the state in financing a minimum foundation program of public elementary and secondary schools, and in reducing inequalities of educational opportunities through public elementary and secondary schools, and for the general welfare and other purposes. The treasurer is hereby required to make the necessary reports; provided that any or all such acceptances or conditions shall not be contrary to the Constitution of Alabama. [1949, p. 986, sec. 1, appvd. Sept. 19, 1949.]

Vocational Education (ch. 17).

SEC. 381. Acceptance of provisions of federal act.-The state of Alabama hereby accepts all of the provisions and benefits of an act passed by the senate and house of representatives of the United States of America, in congress assembled, entitled "an act to provide for the promotion of vocational education; to provide for cooperation with the states in the promotion of vocational education; to provide for cooperation with the states in the promotion of such education in agriculture and the trades and industries; to provide for cooperation with the states in the preparation of teachers of vocational subjects; and to appropriate money and regulate its expenditure,” approved February twenty-third, nineteen hundred and seventeen. [1927 School Code, sec. 403.]

SEC. 382. Treasurer custodian of federal funds.—The treasurer is hereby designated and appointed custodian of all moneys received by the state from the appropriations made by said act of congress, and he is authorized to receive, and to provide for the proper custody of the same and to make disbursements thereof in the manner provided in the act and for the purpose therein specified. He shall also pay out any moneys appropriated by the state of Alabama for the purpose of carrying out the provisions of this chapter upon the order of the state board of education. [1927 School Code, sec. 404.]

CONSTITUTIONAL PROVISIONS

Public Aid For Nonpublic Schools

Education, and Welfare (art. VII).

SEC. 1. Public education.-The legislature shall by general law establish and maintain a system of public schools open to all children of the State, and may provide for other public educational institutions. Schools and institutions so established shall be free from sectarian control. No money shall be paid from public funds for the direct benefit of any religious or other private educational institution.

ANNOTATIONS.-Words “or indirect” not included in last sentence.-The minutes of the constitutional convention reveal that the Committee on Health, Education and Welfare Provisions, in drafting the last sentence of this section, considered the words "direct" and "indirect" and felt that the words “or indirect” after the word “direct” should not be used for the reason that "they would reach out to infinity practically” and shut out the children in private schools from such free care as was being given by the state welfare department to all children. [Matthews v. Quinton, Sup. Ct. Op. No. 31 (File No. 48), 362 P.2d 932 (1961).]

Transportation of school children to nonpublic schools at public expense would be in contravention of the state constitution. [Matthews v. Quinton, Sup. Ct. Op. No. 31 (File No. 48), 362 P.2d 932 (1961).]

The delegates to the constitutional convention and the people who by their vote ratified the constitution left it to the supreme court to decide whether free transportation of children to nonpublic schools would constitute a "direct" benefit to the schools. If they had intended otherwise, the framers of the constitution would have followed the example set by the people of New York and New Jersey and settled the controversial issue by providing in the constitution itself for transportation of school children to nonpublic schools at state expense. [Matthews v. Quinton, Sup. Ct. Op. No. 31 (File No. 48), 362 P.2d 932 (1961).]

Rental of school buildings by religious groups during nonschool hours.— There is neither constitutional nor statutory prohibition to the exercise of discretion by the commissioner of education, or by the respective school district authorities, in allowing secular and religious organizations to rent school buildings during nonschool hours. [1966 Op. Att'y. Gen., No. 3.] This section would apply only in those cases where the school districts are providing a direct benefit to a religious or private institution by rental of school buildings during nonschool hours. [1966 Op. Att'y. Gen., No. 3.] But if the rate for religious groups renting a school building during nonschool hours is substantially lower than the rate for secular groups, the difference would be a gift of school property resulting in a “direct benefit” and would be an improper use of money raised by taxation. [1966 Op. Att'y. Gen., No. 3.]

Tax Exemptions For Nonpublic Schools

Finance and Taxation (art. IX).

SEC. 4. Exemptions.-The real and personal property of the State or its political subdivisions shall be exempt from taxation under conditions and

exceptions which may be provided by law. All, or any portion of, property used exclusively for nonprofit religious, charitable, cemetery, or educational purposes, as defined by law, shall be exempt from taxation. Other exemptions of like or different kind may be granted by general law. All valid existing exemptions shall be retained until otherwise provided by law.

STATUTORY PROVISIONS

Education (title 14).

Approval/Supervision/Support

Ch. 07. Administration of Public Schools (art. 1.
Department of Education).

SEC. 14.07.020. Duties of the department.-The department shall * * * (6) accredit those public, private, and denominational schools which meet accreditation standards prescribed by regulation by the department; ***

Private and Denominational Schools (ch. 45).

SEC. 14.45.020. Commissioner may furnish examination questions for and grant diplomas to eighth grade pupils.—The commissioner may furnish final examination questions for the eighth grade pupils in private and denominational schools and grant eighth grade diplomas in the same manner as in the public schools. [Sec. 37-11-2 ACLA 1949]

Compulsory Education

Ch. 30. Pupils (art. 1. Compulsory Education).

SEC. 14.30.010. When attendance compulsory.-(a) Every child between seven and 16 years of age shall attend school at the public school in the district in which the child resides during each school term. Every parent, guardian or other person having the responsibility for or control of a child between seven and 16 years of age shall insure that the child is not absent from attendance.

(b) This section does not apply if a child

(1) is provided an academic education comparable to that offered by the public schools in the area, either by attendance at a private school in which the teachers are certificated according to AS 14.20.020 or by tutoring by personnel certificated according to AS 14.20.020; ***

Special Education

Education of Exceptional Children (art. 3).

SEC. 14.30.180. Purpose.-It is the purpose of sections 180-350 of this chapter to provide competent education services for the exceptional children of legal school age in the state for whom the regular school facilities are inadequate or not available. [Sec. 1, ch. 120 SLA 1959; am. sec. 1, ch. 144 SLA 1970]

SEC. 14.30.186. Coverage.-(a) A borough or city school district shall provide for special services for exceptional children represented by not less than five children residing in the district.

(b) The board of state-operated schools shall provide for special services in a school in the state-operated school district for exceptional children represented by not less than five children residing in the area served by the school. (c) Nothing in this section shall prevent special services from being offered to classifications represented by less than five children.

(d) A school district or a state-operated school required by section 10-305 of this chapter to provide special services for exceptional children may cooperate with one or more school districts or state-operated schools in providing special classes. If, under the cooperative agreement, there are no special classes offered within a school district or state-operated school, exceptional children may attend special classes in the cooperating school district or state-operated school providing the special classes. [Sec. 2, ch. 81 SLA 1965; am. sec. 1, ch. 46 SLA 1966; am. sec. 46, ch. 98 SLA 1966; am. sec. 22, ch. 46 SLA 1970; am. secs. 2, 3, ch. 144 SLA 1970.]

SEC. 14.30.190. Repealed sec. 4, ch. 144 SLA 1970.

SEC. 14.30.191. Establishment of standards.-The Departments of Education and Health and Social Services shall cooperatively establish by regulation diagnostic standards for the identification and classification of the learning, mental and physical status of exceptional children. Standards relating to special education programs, individual or general, shall remain the responsibility of the Department of Education in conjunction with the local education agency. [Sec. 5, ch. 144 SLA 1970; am. sec. 6, ch. 104 SLA 1971]

SEC. 14.30.347. Transportation of exceptional children.-When transportation is required to be provided as part of special services, exceptional children, whenever practicable, shall be carried separately from the children attending regular classes. State reimbursement for transportation of exceptional children shall be as provided for transportation of pupils attending regular classes except that eligibility for reimbursement shall not be subject to restriction based on the minimum distance between the school and the residence of the exceptional child. [Sec. 1, ch. 105 SLA 1966.]

SEC. 14.30.350. Definitions.—(1) "exceptional children" means children who differ markedly from their peers to the degree that they are better served by placement in a special learning program designed to serve their particular exceptionality; these children may be identified in the following categories: (A) "mentally retarded" includes those children of educable and trainable mind who consistently demonstrate evidence of reduced academic achievement or social behavior and whose intellectual potential indicates restriction significantly below that of their peers;

(B) "physically handicapped" includes children whose known or diagnosed physical impairments are so severe or involved that special facilities, equipment or methods are needed to make their educational program effective; (C) "emotionally handicapped" includes children whose known or diagnosed emotional impairment is so severe or involved that special facilities, equipment or methods are needed to make their educational program effective;

(D) "children with learning disabilities" includes those who exhibit disorders in one or more of the basic learning processes involved in comprehending or using expressive or receptive language and who may require special facilities, equipment or methods to make their educational program effective; (E) "gifted" includes children having outstanding intellect, ability or creative talent; programs or services beyond the level of those ordinarily provided as regular school programs shall be submitted to the department for supplemental funding on an approved program basis;

(F) “multiple-handicapped" includes children whose known or diagnosed handicaps are determined to be any combination of (A)-(E) of this paragraph whose needs demand the provision of special facilities, equipment or methods to make their educational program effective;

(2) "special services" means but is not limited to transportation, special teach

(3) the teaching of the principles of good nutrition in schools has been seriously inadequate, as evidenced by the existence of poor or less than adequate diets at all levels of family income;

(4) any procedure or "means test" to determine the eligibility of a child for a free or reduced price meal is often degrading and injurious both to the child and his parents; and

(5) the national school lunch and related child nutrition programs, while making significant contributions in the field of applied nutrition research, are not, as presently constituted, capable of achieving the goal of good nutrition for all children.

(b) The assurance of proper nutrition for our children is a public concern. The legislature urges that, when possible, assistance be provided from all available state and local sources to children in nonprofit private schools and in nonpublic, nonprofit service institutions, as well as to children in the state's public schools, so that they may receive the full benefits of the programs authorized under this chapter. Nevertheless, in situations where this assistance is not forthcoming in adequate amounts the schools and institutions may require of parents a registration fee to help finance the operation of food service programs. [Sec. 1, ch. 187 SLA 1972.]

SEC. 14.52.020. Policy; legislative intent.—(a) It is the policy of the state to assure adequate nutrition offerings for the state's children, to encourage the teaching of the principles of good nutrition as an integral part of the total educational process, and to strengthen state and local administration of food service programs for children. It is also the policy of the state that food service programs conducted under this chapter be available to all children on the same basis without singling out or identifying certain children as different from their classmates.

(b) It is the intent of the legislature that insofar as the food service and nutrition education programs of city or borough school districts, or of the state-operated schools are affected by this chapter, the directives of this legislation are guidelines; the policies of this chapter are permissive and not mandatory.

SEC. 14.52.100. Nutrition education.-(a) The commissioner, in cooperation with the Office of Education of the United States Department of Health, Education and Welfare, and on recommendation of the advisory commission, is authorized to formulate the basic elements of a nutrition education program for children to be extended on a voluntary basis through the department to schools, school districts and service institutions participating in programs authorized under this chapter. The program shall include, without limitation, the preparation of course outlines, based on the advice of experts in the field of child nutrition, classroom teaching aids, visual materials, the training of school food service personnel, and the training of teachers to conduct courses in child nutrition.

(b) For the first fiscal year of operations under this chapter, grants, other than grants made under section 70 of this chapter, for the conduct of nutrition education programs for children shall be based on a rate of 50 cents for each child enrolled in schools or service institutions within the state and, for each fiscal year thereafter, grants will be based on a rate of $1 for each child so enrolled. Enrollment data used will be the latest available as certified by the department to the Office of Education of the United States Department of Health, Education and Welfare. [Sec. 1, ch. 187 SLA 1972.]