Code of Alabama - Title 16: Education - Section 16-26D-5 - Board of trustees - Functions

Section 16-26D-5 - THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE JULY 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.

(a) The board of trustees may perform the following functions:

(1) Accept donations, bequests, or other forms of financial assistance for educational purposes from any public or private person or agency and comply with rules and regulations governing grants from the federal government or from any other person or agency, which are not in contravention of the constitution and laws.

(2) Purchase or lease real estate and equipment and make improvements to facilities necessary for the use of the school, in accordance with applicable law.

(3) Lease land or other property belonging to the board of trustees or to the school.

(4) Sell or exchange land or other real property not needed for school purposes, but only when specifically authorized by law and then only in accordance with the procedures provided for the sale of unused school lands. The sale shall be authorized by resolution adopted by the board of trustees, and the act of sale shall be signed by the president of the board of trustees or such other person to whom the signing may be delegated by the board of trustees in the authorizing resolution.

(5) Adopt, amend, or repeal rules, regulations, and policies necessary or proper for the conduct of the business of the board of trustees.

(6) Award certificates and issue diplomas for successful completion of programs of study. All certificates and diplomas shall be in addition to a regular high school diploma which shall be issued by the state board in accordance with state law to any student who successfully completes the program of study adopted by the board of trustees.

(7) Enter into contracts and agreements which have been recommended by the director, in accordance with applicable law, and to the extent that funds are specifically appropriated therefor, with other public agencies with respect to cooperative enterprises and undertakings related to or associated with an educational purpose or program affecting education in the school. This shall not preclude the board of trustees from entering into other contracts and agreements that the board of trustees may deem necessary to carry out the duties and functions of the board of trustees.

(8) Perform such other functions as are necessary to the supervision and control of those phases of education under the board of trustees.

(b) The board of trustees shall delegate to the executive director those powers and duties the board of trustees deems appropriate to aid the director in the efficient administration of his or her responsibility for the implementation of the policies of the board of trustees.

(c) In addition to the authorities granted in this chapter and any powers, duties, and responsibilities vested by any other applicable laws, the board of trustees shall perform all of the following duties:

(1) Adopt rules, regulations, and policies necessary for the efficient operation of the school.

(2) Establish criteria to be used in determining eligibility of applicants for enrollment.

(3) Determine subjects and extracurricular activities to be offered. Subjects shall initially be subject to approval by the state board, and thereafter, changes in the subjects shall be subject to approval by the state board.

(4) Select a director who shall be the chief administrative officer of the school and who shall administer the rules, regulations, and policies adopted by the board of trustees pursuant to this chapter. The director shall also be the chief administrative officer of the board of trustees and shall be responsible for all the administrative functions, duties, and needs of the board of trustees. Until such time as the board of trustees selects a director, the superintendent shall serve as the chief administrative officer of the board of trustees and shall be responsible for the duties of the director as they relate to the board of trustees. The superintendent shall relinquish administrative duties to the director when the director officially assumes his or her duties with the board of trustees.

(5) Determine faculty and staff positions necessary for the efficient operation of the school and select personnel for those positions.

(6) Prepare and adopt an annual budget necessary for the continued operation of the school.

(7) Pay the expenses, per diem, and travel expenses of the board of trustees and its members, which shall be the same as allowed state employees when the board member is traveling on board business. The board shall also pay the salaries and expenses including, but not limited to, facilities, equipment, and supplies of the faculty and staff of the school out of funds appropriated or otherwise made available for the operating and administrative expenses of the board of trustees and the school.

(8) Exercise budgetary responsibility and allocate for expenditure by the school and programs under its jurisdiction all monies appropriated or otherwise made available for purposes of the board of trustees and of the school and programs.

(9) Prescribe and select for use in the school free textbooks and other materials of instruction for students enrolled in the school and programs under its jurisdiction for which the Legislature provides funds. Wherever practical, the board of trustees shall select the same textbooks and other materials of instruction as are adopted by the state board.

(10) Prepare and adopt or approve programs of study and rules, bylaws, and regulations for the discipline of students and for the government of the school and programs under its jurisdiction, which may not be inconsistent with law and which shall be enforced by the staff and faculty of the school. Programs of study shall initially be subject to approval by the state board, and thereafter, any changes in programs of study shall be subject to approval by the state board.

(11) Any provision of law to the contrary notwithstanding, prescribe the qualifications of teachers at the school, provided that any teacher employed at the school, who does not hold certification, shall hold an advanced degree, or be acknowledged by the board of trustees as an expert, in his or her field of instruction.

(12) Develop and adopt a formula or system under which students shall be admitted. The formula or system shall be sufficient to insure that at least one qualified applicant for admission from within the geographical boundaries of each city and county public school system in the state shall be eligible for admission to the school each year. If no qualified applicant from a city or county public school system applies for admission, then the slots available to that school system shall be lost to that system for that school year and shall be reallocated by the board of trustees to provide for the admission of qualified applicants from other public school systems. Any provision of this subdivision to the contrary notwithstanding, the board of trustees shall admit additional students, utilizing admission criteria provided by the adopted formula or system and as resources and facilities allow, by also taking into consideration the enrollment size of the city or county public school system of the student applicant.

(13) Assist teachers, administrators, and superintendents across the state in replicating cyber technology and engineering best practices in their own schools. Assistance shall include, but not be limited to, classroom observations, workshops, and fostering communities of practice in the areas of cyber technology and engineering.

(14) Adopt rules and regulations to provide for the evaluation of any applicant who has not been evaluated but who satisfies all other criteria for participation in the program.

(d) Nine members of the board of trustees shall constitute a quorum for the transaction of business, and all official action of the board of trustees shall require the favorable vote of a majority of those members present and voting.

(e) Members of the board of trustees shall be compensated for all actual vouchered expenses incurred in the performance of their duties and functions as required by this chapter. Expenses shall be paid by the director from funds appropriated therefor by the Legislature and upon the warrant of the board of trustees.

(f) The board of trustees shall serve as the local educational agency for the school.

(Act 2018-480, §5.)

Last modified: May 3, 2021