Alabama

Alabama law does not place any caps on charter school growth.

Alabama law allows new start-ups and public school conversions.

Alabama law allows any local school board to register to become an authorizer with the state department of education.
It also creates the Alabama Public Charter School Commission. The commission may hear an application for the formation of a public charter school by an applicant only if one of the following factors is met:

* An application to form a public charter school is denied by the local school board overseeing that system and the applicant chooses to appeal the decision of the local school board to the commission.
*The applicant wishes to open a start-up public charter school in a public school system that has chosen not to register as an authorizer.

Alabama law requires local school boards to register as authorizers with the state department of education prior to becoming an authorizer.
Alabama law requires authorizers to submit an annual report to the state board of education that summarizes their authorizing activities as well as the performance of their charter portfolio.

Alabama law makes the state department of education responsible for overseeing the performance and effectiveness of all authorizers via an oversight process detailed in statute. It allows the state department of education to terminate a local school board’s contract to approve schools. If the commission violates a material provision of a charter contract or fails to remedy any other authorizing problems after due notice from the department, the department shall notify the commission that it intends to notify the Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate of the actions of the commission unless the commission demonstrates a timely and satisfactory remedy for the violation of the deficiencies. Along with this notification, the department shall publicly request in writing that the Governor, the Speaker of the House of Representatives, and the President Pro Tempore appointees comply with the requests of the department or face a revocation of their appointment to the commission. The legislature and the governor can remove the ability of the commission to continue authorizing (the entities that gave it that authority).

On or before November 1 of each year beginning in the first year after the state has had public charter schools operating for a full school year, Alabama law requires the state department of education to issue to the Governor, the Legislature, and the public at large, an annual report on the state's public charter schools, drawing from the annual reports submitted by every authorizer as well as any additional relevant data compiled by the department, for the school year ending in the preceding calendar year. The annual report shall include a comparison of the performance of public charter school students with the performance of academically, ethnically, and economically comparable groups of students in non-charter public schools. In addition, the annual report shall include the department's assessment of the successes, challenges, and areas for improvement in meeting the purposes of this act, including the department's recommendations as to any suggested changes in state law or policy necessary to strengthen the state's public charter schools.

Alabama law also requires that at the conclusion of the fifth fiscal year, the state department of education shall submit a report to the Legislature outlining the performance of both start-up and conversion public charter schools. This report shall include, at a minimum, academic performance of all public charter schools in the state, a detailed update on the authorizing process, and recommendations for adjustments to public charter school governance and oversight.

To cover costs for overseeing and authorizing public charter schools in accordance with this act, Alabama law allows a local school board serving as an authorizer to charge a portion of annual per student state allocations received by each public charter school it authorizes based on the following schedule:
* If the local school board has oversight over one to three, inclusive, public charter schools: Three percent of annual per student state allocations.
* If the local school board has oversight over four to five, inclusive, public charter schools: Two percent of annual per student state allocations.
* If the local school board has oversight over six to 10, inclusive, public charter schools: One percent of annual per student state allocations.

The law does not provide adequate and guaranteed funding for the Alabama Public Charter School Commission.

The law provides that a public charter school authorized by a local school system may choose to purchase services, such as transportation-related or lunchroom-related services, from its authorizer. In such event, the public charter school and authorizer shall execute an annual service contract, separate from the charter contract, stating the mutual agreement of the parties concerning any service fees to be charged to the public charter school. A public charter school authorized by the commission may not purchase services from the commission, but consistent with this section, may purchase services from the local school system where the public charter school is located.

With the exception of charges for oversight services, the law provides that a public charter school may not be required to purchase services from its authorizer as a condition of charter approval or of a charter contract, nor may any such condition be implied.

Alabama law requires application elements for all schools and additional elements for conversion schools, those using educational service providers, and replications.
Alabama law requires local school board authorizers to issue requests for proposals and to conduct a thorough evaluation of each application including an in-person interview and public meeting. It also requires authorizers to make all charter approval or denial decisions in a public meeting and to state reasons for denials in writing.

Alabama law defines a charter contract to be a fixed term, renewable contract between a charter school board and an authorizer that outlines the roles, powers, responsibilities, and performance expectations for each party. It requires such contracts to contain a performance framework that details the academic and operational performance indicators.
Alabama law provides that the initial contract must be granted for a term of five years.

Alabama law requires that authorizers collect and analyze data to support ongoing evaluation according to the performance framework in the charter contract, including financial accountability.
Alabama law provides authorizers with specific authority to conduct oversight activities needed to fulfill their responsibilities. It also requires each authorizer to produce an annual school performance report for each school.

Alabama law requires authorizers to notify their schools of any perceived problems and provide them with reasonable opportunity for the school to remedy the problem. It also allows authorizers to take appropriate corrective actions short of revocation as needed.

Alabama law requires authorizers to issue school performance renewal reports and requires schools seeking renewal to apply for it using renewal application guidance provided by the authorizer.
Alabama law requires authorizers to have clear criteria for renewal and nonrenewal decisions and to base decisions on evidence in accordance with the performance framework set forth in the charter contract.

Alabama law provides that a charter contract shall not be renewed at the end of the contract term if the public charter school fails to meet the performance expectations set forth in the charter contract or fails to attain the minimum state proficiency standard for public charter schools in each year of its operation and over the charter term, unless the public charter school demonstrates and the authorizer affirms, through formal action of its board, that other indicators of strength and exceptional circumstances justify the continued operation of the school. At the time of renewal, any public charter school that has received a grade of F on the statewide accountability system for all public schools or a grade of D or F for the past three most recent years shall be considered to fall below the minimum state standard.

Alabama law requires charter contract renewals to be for five-year terms, although it allows the authorizer to vary the terms based on the particular circumstances of a charter school.

State law requires authorizers to provide schools with timely notification of potential revocation and due process, including the requirement to conduct a public hearing. It requires all charter renewal, non-renewal, and revocation decisions be made in a public meeting, with authorizers stating reasons for non-renewals and revocations in writing.

Statute requires authorizers to develop a charter school closure protocol to ensure timely notification to parents, orderly transition of students and student records, and proper disposition of public funds, property, and assets.

Alabama requires special petition to the State Department of Education in order to transfer to another authorizer. The Department has the flexibility to grant or deny based on the best interest of students.

Alabama law allows a public charter school to contract with an education service provider (ESP) for educational design, implementation, or comprehensive management services.
For those applicants proposing to use such ESPs, Alabama law requires them to include in their charter application evidence of the ESP’s success in serving student populations similar to their targeted population.

Within their application, Alabama law requires applicants to provide a term sheet setting forth the proposed duration of the service contract; roles and responsibilities of the governing board; the school staff; and the education service provider; scope of services and resources to be provided by the education service provider; performance evaluation measures and timelines; compensation structure, including clear identification of all fees to be paid to the education service provider; methods of contract oversight and enforcement; investment disclosure; and conditions for renewal and termination of the contract.

Statute provides that school governing boards operate as entities completely independent of any educational service provider.

Statute also requires applications to disclose and explain any existing or potential conflicts of interest between the charter school board and the proposed service provider and any affiliated business entities.

Alabama law requires charter schools to follow same laws regarding fingerprinting and background checks as all public schools. This includes provisions to require contractors to be screened.

Alabama law describes charter schools as independently managed public schools operated by qualified nonprofit organizations. It provides that such schools function as a local education agency and are governed by a board of directors appointed or selected under the terms of their charter application. It states that such boards have clear statutory authority to operate a fiscally and legally autonomous school, including things like receiving and disbursing funds and entering into contracts.

Alabama law provides that charter schools are open to all students and that students must be selected by lottery if more students apply than a school can accommodate. It also includes anti-discrimination provisions regarding admissions.
It requires start-up charters to first enroll students who reside within the school system in which the school is located. If the number of local students wanting to enroll exceeds the facility's capacity, then the school shall conduct a random selection process to enroll students who reside in the local school system. If the school has additional capacity after admitting students from the local school system, then the school shall admit any students without regard to their residency by a random selection process.

It requires conversion charters to adopt and maintain a policy giving enrollment preference to students who reside within the former attendance zone of the public school. After all students who reside within the former attendance area of that public school are enrolled, enrollment shall first be opened to students residing within the local school system and then outside the local school system.

It requires a public charter school to give enrollment preference to students enrolled in the public charter school the previous school year and to siblings of students already enrolled in the public charter school.

It provides that a charter may give enrollment preference to children of a school’s founders, governing board members, and full-time employees, so long as they constitute no more than 10 percent of the school’s total student population.

Except as provided in the charter school act, Alabama law provides that a public charter school shall not be subject to the state's education statutes or any state or local rule, regulation, policy, or procedure relating to non-charter public schools within an applicable local school system regardless of whether such rule, regulation, policy, or procedure is established by the local school board, the State Board of Education, or the State Department of Education.
Alabama law provides that teachers in public charter schools are exempt from state teacher certification requirements.

In Alabama, it is illegal for teachers to engage in collective bargaining. In addition, Alabama law provides that charter schools are exempt from participation in any school district personnel policies.

Alabama law provides that a single charter school board may hold one or more charter contracts. It also provides that each school must be separate and distinct from any others.

Alabama law provides that nothing in the charter school act shall be construed to prevent a public charter school from forming an athletic team and participating in interscholastic athletics in the State of Alabama. If a public charter school elects for its students to participate in athletic contests or competitions, then the school shall pursue membership in the Alabama High School Athletic Association and shall adhere to all guidelines, rules, regulations, and bylaws as other member schools.

Alabama law states that start-up charters are their own LEAs and that conversion charters are part of the LEA in which the non-charter public school existed prior to its conversion to a charter.
Alabama law explicitly requires the state to send any federal dollars associated with a special education student directly to the public charter school.

While it appears that this law has many of the model law components related to equitable operational and categorical funding, there is no evidence yet of the actual level of equity.
Alabama law provides that for each of its students, a public charter school shall receive the same amount of state funds, including funds earmarked for the Foundation Program transportation, school nurses, technology coordinators, and other line items that may be included in the appropriation for the Foundation Program Fund, that, for the then-current fiscal year, would have otherwise been allocated on behalf of each public charter school student to the local school system where the student resides. This amount shall reflect the status of each student according to grade level, economic disadvantage, limited English proficiency, and special education needs.
Alabama law provides, that for each of its students, a public charter school shall receive the same amount of local tax revenue, that, for the then-current fiscal year, would have otherwise been allocated on behalf of each public charter school student to the local non-charter public school of each student's residence, excluding those funds already earmarked through a vote of the local school board for debt service, capital expenditures, or transportation. As necessary, the department shall promulgate processes and procedures to determine the specific local revenue allocations according to the Foundation Program for each public charter school.
Alabama law provides that the maximum annual local tax allocation forwarded to a start-up public charter school from a local school system shall, for each student, not exceed the per student portion of the state required 10 mill ad valorem match. It also provides that the maximum annual local tax allocation forwarded to a conversion public charter school from a local school system shall, for each student, equal the amount that would have been received by the local education agency of the student's residence for each student who now attends a conversion public charter school, minus any amounts otherwise excluded.
Alabama law provides that the state department of education shall direct the proportionate share of moneys generated under federal and state categorical aid programs to public charter schools serving students eligible for such aid.
Alabama law provides that the state department of education shall disburse state transportation funding to a public charter school on the same basis and in the same manner as it is paid to public school systems. It also provides that public charter schools that do not provide transportation services shall not be allocated any federal, state, or local funds otherwise earmarked for transportation-related expenses.
In the Fiscal Year 2021 budget, New Schools for Alabama was successful in securing a direct allocation for $400,000. $400,000 was also allocated directly to the Commission to support its operations and responsibilities. The New Schools for Alabama line item is to support new school development and the organization accomplishes this through the School Founders Program. The School Founders Program is a leadership development program that supports aspiring school leaders during the pre-application phase and puts them through a year-long leadership fellowship, preparing them to write their application and ensuring that the Commission gets high-quality and prepared applicants. The selection process for this program is highly competitive and has produced four fellows total in its past two cohorts. The first cohort opened their schools in Montgomery and Perry County in Fall 2021 and the second cohort's leaders have both been approved to open in Bessemer in Fall 2022.

Alabama law allows for charter schools be provided the same access as other public schools to the Public School and College Authority, which issues Capital Improvement Pool Bonds, as periodically designated by the Alabama Legislature, from which public school capital improvement projects are granted funding. The law provides that the PSCA and the department shall adopt and maintain a policy to ensure that public charter schools receive access to equitable facilities funding under the program. Projects funded in whole, or in part, by the Alabama Public School and College Authority involve co-ownership and possible divisions of funding and payments.Alabama law provides that a public charter school shall have a right of first refusal to purchase or lease at or below fair market value a closed or unused public school facility or property located in a school system from which it draws its students if the school system decides to sell or lease the public school facility or property. It defines an unused facility means a school building or other local board of education owned building that is or could be appropriate for school use, in which more than 60 percent of the building is not being used for direct student instruction or critical administration purposes and for which no offer to purchase has been executed. It requires the department to publish the names and addresses of unused facilities on its website in a list that is searchable at least by each facility's name and address. This list shall be updated at least once a year by May 1.
Alabama law allows for charter schools to be included in issuance of Capital Improvement Pool Bonds, as periodically designated by the Alabama Legislature, through the Public School and College Authority.

Alabama law provides that start-up public charter schools may elect to participate in the Teachers’ Retirement System and Public Education Employees’ Health Insurance Plan. It also provides that conversion charter schools shall participate in the Teachers’ Retirement System and Public Education Employees’ Health Insurance Plan and shall provide compensation for teachers and school nurses that complies with the pro rata daily rate of pay as provided in the state minimum salary schedules for teachers and school nurses.

Alabama law does not include any of the model law’s provisions for full-time virtual charter schools.