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HB178 ENROLLED
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HB178
11I5AL3-3
By Representative Garrett
RFD: Ways and Means Education
First Read: 13-Jan-26
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HB178 Enrolled
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First Read: 13-Jan-26
Enrolled, An Act,
Relating to public K-12 education; to provide a process
for the creation of a consolidated city school system by
merging two or more city boards of education; to provide a
procedure for protesting a proposed consolidation of two or
more city school systems; and to require the State Board of
Education to adopt rules.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) Whenever two or more contiguous city
boards of education deem it advisable to consolidate the
administration of their respective city school systems under
one remaining controlling multi-city board of education, each
city board of education shall adopt and record within the
minutes of each board an agreement providing for the
consolidation. A formal resolution adopted by all members of
the agreeing boards shall detail and provide for the payment
of their respective indebtedness, specify how the
consolidation will take place, identify how the remaining
controlling multi-city board of education will operate,
provide for the roles and duties of the resulting multi-city
board members, and designate the time frame during which the
consolidation will be implemented. Subject to subsection (b),
the consolidation shall be finalized as designated in the
formal resolution.
(b)(1) If, within 30 days after the adoption of the
formal resolution, 25 percent of the qualified electors
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formal resolution, 25 percent of the qualified electors
residing within the boundaries of any of the school systems
proposing consolidation submit a protest, in writing, to any
of the affected city boards of education, the consolidation
may not occur unless the consolidation is approved by a
majority of the qualified electors residing in the combined
territory wherein all affected city school systems are located
who vote in a referendum election as provided in this
subsection.
(2) The referendum election shall be held on the date
of the next regularly scheduled general election. The order
setting the election shall be entered by the judge of probate
of each county in which an affected city school system is
located within one month after the expiration of the 30-day
time period provided in subdivision (1).
(3) At least 30 days before the referendum elections
are scheduled to be held, the sheriff of each county in which
an affected city school system is located shall give notice of
the election.
(4) The elections shall be held and the results shall
be canvassed in the same manner as regular elections for city
officers.
(5) The ballots shall have printed at the top a
statement of the purpose of the referendum elections and
directly underneath, in plain type and on different lines, the
words, "For Consolidation" and "Against Consolidation".
(6) If a majority of the qualified electors voting in
the combined territory of the affected city school systems
vote to approve the consolidation, the consolidation shall be
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vote to approve the consolidation, the consolidation shall be
finalized as designated in the formal resolution.
(c) The consolidation shall not operate to relieve any
board of education, or other governing body, of liability for
obligations previously incurred, or to impair rights existing
prior to the consolidation. The agreement and formal
resolution shall be binding on all parties. If a consolidation
occurs, the multi-city board of education shall have the right
to compel the execution of contractual obligations made to any
of the boards before the consolidation.
(d) The State Board of Education shall adopt rules as
necessary to provide for the implementation of this section.
Section 2. This act shall become effective on October
1, 2026.
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1, 2026.
________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 03-Feb-26, as amended.
John Treadwell
Clerk
Senate 08-Apr-26 Amended and Passed
House 08-Apr-26 Concurred in Senate
Amendment
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