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Key Votes

HB 84 - Authorizes Schools to Apply for Waivers from State Laws - Key Vote

Alabama Key Votes

Jay Love voted Yea (Passage) on this Legislation.

Read statements Jay Love made in this general time period.

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Legislation - Conference Report Adopted (Senate) (22-11) - (Key vote)

Title: Authorizes Schools to Apply for Waivers from State Laws

Vote Smart's Synopsis:

Vote to pass a bill that authorizes schools to waive certain state laws and appropriates income tax credits to individuals who transfer their students from failing schools to non-failing schools.

Highlights:
  • Establishes “flexibility contracts” to allow a local public school system to exert greater control over decisions, including, but not limited to, budgetary matters, personnel, scheduling, curriculum and instruction (Secs. 3 & 4).
  • Defines “flexibility contract” as a contract between a school system and the State Board of Education that authorizes the school system to apply for programmatic and budgetary waivers from state laws, regulations and policies (Sec. 4).
  • Prohibits school systems from waiving certain requirements, including, but not limited to requirements related to health and safety, open records and meetings, ethics, financial or academic reporting transparency, or the civil rights of students and employees (Sec. 6).
  • Appropriates an income tax credit to a parent or guardian who transfers a student from a “failing school” to a private or non-failing public school of the parent or guardian’s choice (Secs. 3 & 8). 
  • Defines “failing school” as a K-12 public school characterized by the following (Sec. 4):
    • A school that is labeled by the State Department of Education as persistently low-performing;
    • A school that is listed in the lowest 10 percent of K-12 public schools on the state standardized assessment in reading and math;
    • A school that has earned an “F” grade or 3 consecutive “D” grades; or
    • A school that is designated a failing school by the State Superintendent of Education.
  • Requires the income tax credit to be 80 percent of the average annual state cost of attending a K-12 public school or 80 percent of the cost of attending a private or non-failing public school, whichever is less (Sec. 8).
  • Requires the student to resume attendance at his or her original school system after completing the highest grade level of the failing school from which he or she was transferred (Sec. 8).
  • Authorizes an individual or married couple to receive income tax credits equal to their donations to a scholarship granting program up to 50 percent of their tax liability, without exceeding $7,500 per individual or married couple (Sec. 9)
  • Authorizes a business to receive income tax credits equal to 50 percent of their donations to a scholarship granting program up to 50 percent of their tax liability, without exceeding $25 million per year (Sec. 9).
  • Establishes the Failing Schools Income Tax Credit Account, which consists of sales tax collections made to the Education Trust Fund, to provide the annual income tax credits (Sec. 8). 
Legislation - Conference Report Adopted (House) (51-26) -
Legislation - Nonconcurrence Vote Passed (House) (61-31) -
Legislation - Bill Passed With Amendment (Senate) (26-7) -
Legislation - Bill Passed (House) (65-37) - (Key vote)

Title: Authorizes Schools to Apply for Waivers from State Laws

Vote Smart's Synopsis:

Vote to pass a bill that authorizes public education systems to seek waivers from state education policies and laws, effective immediately.

Highlights:
  • Authorizes school systems and school administrators to apply for a “flexibility contract” to exert greater control over decisions, including, but not limited to, budgetary matters, personnel, scheduling, curriculum and instruction (Sec. 3).
  • Defines “flexibility contract” as a contract between the local school system and the State board of Education where a local school system can apply for flexibility from state laws, regulations and policies (Sec. 4). 
  • Requires local school systems to comply with certain requirements to apply for a flexibility contract including, but not limited to (Sec. 5):
    • Submit a letter of intent and a resolution in support of the intent;
    • Submit an assurance of commitment to state standards, assessments, and academic rigor; and
    • Provide an opportunity for the public to hear and view the proposal.  
  • Requires the flexibility contract to be approved by the local board of education, the state board of education and the state superintendent of education (Sec. 6).
  • Prohibits local school systems from in a flexibility contract from doing any of the following (Sec. 6):
    • Waiving requirements imposed by ethics laws;
    • Compensating an employee at a rate that is less than state minimum wage;
    • Requiring employees to relinquish their rights and privileges attained from tenure or non-probationary status; or
    • Forming a charter school.
  • Authorizes current or future employees to voluntarily waive any rights or privileges already acquired as a result of attaining tenure or non-probationary status, provided that they are given the option of retaining rights or privileges under the Students First Act (Sec. 6). 
  • Requires the State Superintendent of Education to approve or disapprove the proposal for a flexibility contract within 60 days (Sec. 6).
  • Requires the State Board of Education and the State Department of Education to ensure equal opportunity for all school systems that apply for a flexibility contract (Sec. 7).
Legislation - Introduced (House) -

Title: Authorizes Schools to Apply for Waivers from State Laws

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