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HB380 ENROLLED
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HB380
BYRBKJQ-3
By Representative Collins (Constitutional Amendment)
RFD: Education Policy
First Read: 03-Feb-26
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First Read: 03-Feb-26
Enrolled, An Act,
Proposing an amendment to the Constitution of Alabama
of 2022, to provide a process for the creation of a
consolidated county school system by merging two or more
county boards of education; to require the State Board of
Education to conduct an impact study on the potential effects
of the consolidation; to require publication of the impact
study; to provide a procedure for protesting a proposed
consolidation of two or more county school systems; and to
require the State Board of Education to adopt rules.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. The following amendment to the Constitution
of Alabama of 2022, is proposed:
PROPOSED AMENDMENT
(a) Whenever two or more contiguous county boards of
education deem it advisable to consolidate the administration
of their respective county school systems under one remaining
controlling multi-county board of education, each county 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-county board of
education will operate, provide for the roles and duties of
the resulting multi-county board members, and designate the
time frame during which the consolidation will be implemented.
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time frame during which the consolidation will be implemented.
Subject to subsection (c), the consolidation shall be
finalized as designated in the formal resolution.
(b) Before a consolidation may occur, the State Board
of Education shall conduct an impact study on the potential
effects of the proposed consolidation, including, but not
limited to, the impact on students, families, educational
quality, educational programs, staff, facilities,
transportation and operations, finances and taxes, community
identity, and governance. At least 30 calendar days before
adopting the formal resolution finalizing the consolidation,
the State Board of Education shall post a copy of the impact
study on the public website of the State Department of
Education.
(c)(1) If, within 30 days after the adoption of the
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 county boards of education, the consolidation
may not occur unless the consolidation is approved by a
majority of the qualified electors residing in each county or
counties wherein all affected county school systems are
located who vote in a referendum election as provided in this
subsection.
(2) The consolidation shall become operative only if
approved by a majority of the qualified electors who reside
within the combined territory of the affected county school
systems who vote in a referendum election to be held on the
date of the next regularly scheduled general election. The
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date of the next regularly scheduled general election. The
order setting the election shall be entered by the judge of
probate of each affected county within one month after the
expiration of the 30-day time period provided in subdivision
(1). Notice of the election shall be given by the judge of
probate of each county, and the election shall be held,
conducted, and the results canvassed in the manner as other
county elections. The ballots shall have printed at the top a
statement of the purpose of the referendum election and
directly underneath, in plain type and on different lines, the
words, "For Consolidation," and "Against Consolidation." If a
majority of the qualified electors voting in the combined
territory of the affected county school systems vote to
approve the consolidation, the consolidation shall be
finalized as designated in the formal resolution.
(d) 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
before the consolidation. The agreement and formal resolution
shall be binding on the combining county boards of education.
If a consolidation occurs, the remaining controlling
multi-county board of education shall have the right to compel
the execution of contractual obligations made to any of the
boards before the consolidation.
(e) The State Board of Education shall adopt rules as
necessary to provide for the implementation of this section.
(f) The Legislature, by general or local law, may enact
legislation to implement approved board consolidations
pursuant to this section.
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pursuant to this section.
Upon ratification of this constitutional amendment, the
Code Commissioner shall number and place this amendment as
appropriate in the constitution omitting this instructional
paragraph and may make the following nonsubstantive revisions:
change capitalization, hierarchy, spelling, and punctuation
for purposes of style and uniformity; correct manifest
grammatical, clerical, and typographical errors; revise
internal or external citations and cross-references; harmonize
language; and translate effective dates.
END OF PROPOSED AMENDMENT
Section 2. An election upon the proposed amendment
shall be held in accordance with Sections 284 and 285 of the
Constitution of Alabama of 2022, and the election laws of this
state. The appropriate election official shall assign a ballot
number for the proposed constitutional amendment on the
election ballot and shall set forth the following description
of the substance or subject matter of the proposed
constitutional amendment:
"Proposing an amendment to the Constitution of Alabama
of 2022, to provide a process for the creation of a
consolidated county school system by merging two or more
contiguous county boards of education; to require the State
Board of Education to conduct an impact study on the potential
effects of the consolidation; to require publication of the
impact study; to provide a procedure for protesting a proposed
consolidation of two or more county school systems; and to
require the State Board of Education to adopt rules.
Proposed by Act ____."
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Proposed by Act ____."
This description shall be followed by the following
language:
"Yes( ) No( )."
Section 3. The proposed amendment shall become valid as
a part of the Constitution of Alabama of 2022, when approved
by a majority of the qualified electors voting thereon.
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by a majority of the qualified electors voting thereon.
________________________________________________
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-Mar-26.
John Treadwell
Clerk
Senate 08-Apr-26 Passed
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