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HB382 INTRODUCED
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HB382
PS99FGE-1
By Representative DuBose
RFD: Education Policy
First Read: 05-Feb-26
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PS99FGE-1 01/27/2026 OW (L)cr 2025-2369
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First Read: 05-Feb-26
SYNOPSIS:
This bill would authorize the board of trustees
of each public institution of higher education to
choose to pursue accreditation by any nationally
recognized accrediting agency approved by the United
States Department of Education.
This bill would prohibit accrediting agencies
from requiring a public institution of higher education
to violate state law or from taking adverse action
against an institution for its compliance with state
law, except where the state law is preempted by federal
law, and would require the board of trustees to report
violations to the Legislature.
This bill would authorize the board of trustees
of any public institution of higher education to bring
a civil action against an accrediting agency that
violates this bill and to notify the Legislature of any
violations.
This bill would also make conforming changes.
A BILL
TO BE ENTITLED
AN ACT
Relating to public institutions of higher education; to
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Relating to public institutions of higher education; to
further provide for the accrediting of public institutions of
higher education; to prohibit accrediting agencies from taking
certain actions related to state law, unless the state law is
preempted by federal law; to create a civil action against
accrediting agencies that violate this act; to require
violations to be reported to the Legislature; and to amend
Sections 16-5-52, 16-5-54.1, 16-5-100, as created by Act
2025-337 of the 2025 Regular Session, 16-33A-1, and 16-33D-3,
Code of Alabama 1975, to make conforming changes.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) For the purposes of this section, the
following terms have the following meanings:
(1) BOARD OF TRUSTEES. Each of the following:
a. Each constitutionally created board of trustees of a
public institution of higher education.
b. The board of trustees of each public institution of
higher education.
c. For each community and technical college operated
under the purview of the Alabama Community College System
(ACCS), the Board of Trustees of ACCS.
(2) PUBLIC INSTITUTION OF HIGHER EDUCATION. The same
meaning as provided in Section 16-5-1, Code of Alabama 1975.
(b) A board of trustees may choose to pursue
accreditation by any nationally recognized accrediting agency
approved by the United States Department of Education. A
public institution of higher education may also pursue
accreditation by the Commission for Public Higher Education,
or other accrediting agency not approved by the United States
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or other accrediting agency not approved by the United States
Department of Education, if the public institution of higher
education continues to maintain its accreditation from a
nationally recognized accrediting agency approved by the
United States Department of Education.
(c)(1) No accrediting agency or association may: (i)
compel a public institution of higher education to violate any
state law; or (ii) take adverse action against a public
institution of higher education based, in whole or in part, on
that institution's compliance with state law. The adverse
action may be taken to the extent that the state law is not
preempted by a federal law recognizing the necessity of the
accreditation standard or requirement.
(2) If an accrediting agency or association violates
subdivision (1), the board of trustees of the affected public
institution of higher education shall notify the Chairs of the
Senate Education Policy and House Education Policy Committees
in writing not more than 30 calendar days after the violation
occurred.
(d) A public institution of higher education subject to
adverse action from an accrediting agency or association in
violation of subsection (c) may bring a civil action against
the accrediting agency or association.
(e) It is the intent of the Legislature that all
constitutionally created boards of trustees comply with the
requirements of this section.
Section 2. Sections 16-5-52, 16-5-54.1, 16-5-100, as
created by Act 2025-337 of the 2025 Regular Session, 16-33A-1,
and 16-33D-3, Code of Alabama 1975, are amended to read as
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and 16-33D-3, Code of Alabama 1975, are amended to read as
follows:
"§16-5-52
For the purposes of this article, the following terms
shall have the following meanings:
(1) APPROVED INSTITUTION. A state-supported institution
of higher education or a private nonprofit institution of
higher education that satisfies all of the following:
a. Is accredited by the Southern Association of
Colleges and Schools Commission on Colleges any nationally
recognized accrediting agency approved by the United States
Department of Education .
1. An institution that is in the process of seeking
accreditation from another accrediting agency approved by the
United States Department of Education shall remain an approved
institution, provided the institution continuously maintains
accreditation by a nationally recognized accrediting agency
approved by the United States Department of Education during
the approval process.
2. An institution that is in the process of seeking
accreditation from another accrediting agency that is seeking
approval by the United States Department of Education shall
remain an approved institution, provided the institution
continuously maintains accreditation by a nationally
recognized accrediting agency approved by the United States
Department of Education during the approval process. Upon
approval of the new accrediting agency by the United States
Department of Education, the institution may transition its
accreditation to that agency, provided that no gap or lapse in
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accreditation to that agency, provided that no gap or lapse in
accreditation occurs at any time.
b. Is approved by the State Board of Education to
prepare teachers of middle level or secondary math, science,
or computer science.
c. Is eligible to receive Title IV federal student aid
program funds.
d. Maintains its primary headquarters in Alabama.
(2) CHARTER SCHOOL. A form of public school established
pursuant to Chapter 6F of Title 16 . A teacher employed by a an
accredited charter school , accredited by the Southern
Association of Colleges and Schools as recognized by the
Alabama Department of Education's Office of Public Charter
Schools, is eligible to participate in the program. A teacher
employed by a charter school is not eligible for the acute
shortage area supplement provided in this article.
(3) COMMISSION. The Alabama Commission on Higher
Education.
(4) ELIGIBLE APPLICANT. A person An individual who
satisfies the criteria set out in this article and is eligible
under rules adopted by the commission.
(5) PROGRAM. The Alabama Math and Science Teacher
Education Program created by this article and administered by
the commission that provides loan repayments to a teacher with
a valid Alabama professional educator certificate endorsed in
math, science, or computer science who teaches math, science,
or computer science courses for which the teacher is properly
certified for three-fourths of the full-time teaching load in
the Alabama public school system.
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the Alabama public school system.
(6) SCIENCE. Biology, chemistry, physics, and general
science.
(7) YEAR. A school year that shall be divided into fall
and spring semesters. The term does not mean calendar, fiscal,
or scholastic year."
"§16-5-54.1
(a) Beginning in the fall Fall semester of 2021, the
benefits outlined in subsection (a) of Section 16-5-54 (a)
shall apply to the following eligible individuals, pending
authorization to teach in Alabama and subsequent employment in
an Alabama public school:
(1) An individual who graduated from a regionally
accredited college or university located in Alabama or in
another state , that is accredited by a nationally recognized
accrediting agency approved by the United States Department of
Education, who is certified to teach math, science, or
computer science in another state, and who may or may not
reside within Alabama.
(2) An individual who resides in another state and is a
graduate of a State Board of Education approved program in
math, science, or computer science, at the baccalaureate or
master's level after the 2021 spring Spring semester term from
an approved Alabama institution and who holds an initial
middle-level or secondary professional educator certificate
endorsed in math, science, or computer science that was issued
based upon completion of the approved program in math,
science, or computer science. A teacher who only earns a
passing score on the Praxis test in math, science, or computer
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passing score on the Praxis test in math, science, or computer
science to add a certificate endorsement for math, science, or
computer science and who has not completed an entire approved
program, does not satisfy this requirement.
(b) The individuals listed in subsection (a) shall also
satisfy all of the following criteria:
(1) Hold a valid Alabama professional educator
certificate endorsed in middle-level or secondary math,
science, or computer science, or any combination of the three.
(2) Teach a schedule in which at least three-fourths of
the full-time teaching load is comprised of math, science, or
computer science courses for which the teacher is properly
certified in an Alabama public school system.
(3) Be citizens or lawful permanent residents of the
United States.
(4) Have outstanding federal student loans, subsidized
or unsubsidized.
(5) Satisfy additional continuing eligibility criteria
established by the commission.
(c) In order to receive an additional supplement
pursuant to this article, in addition to the criteria listed
in subsections (a) and (b), a recipient shall also teach math,
science, or computer science courses, or any combination of
the three, for which he or she is properly certified, in a
school system within the state with an acute teacher shortage
in math, science, or computer science, or any combination of
the three, as identified by the commission in consultation
with the State Department of Education or in a school that has
been designated as a failing priority school, pursuant to
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been designated as a failing priority school, pursuant to
Section 16-6D-4, or any other term subsequently adopted to
identify underperforming schools, by the State Board of
Education or the Legislature."
"§16-5-100
For the purposes of this article, the following terms
have the following meanings:
(1) APPROVED DEGREE. A completed master's degree
recognized by the Commission on Accreditation of Athletic
Training Education for an athletic training program through
which students become eligible for an approved degree.
(2) APPROVED INSTITUTION. A public or private nonprofit
institution of higher education that satisfies both of the
following:
a. Is accredited by the Southern Association of
Colleges and Schools Commission on Colleges or by a any
nationally recognized accrediting agency that provides the
institution with eligibility to receive Title IV federal
student aid.
b. Is accredited by the Commission on Accreditation of
Athletic Training Education for an athletic training program
through which students become eligible for national
certification upon successfully completing the Board of
Certification, Inc. examination.
(3) ATHLETIC TRAINING SERVICES. Services provided by a
licensed athletic trainer within the scope of athletic
training practice pursuant to Chapter 40 of Title 34.
(4) CERTIFICATION. National recognition by successfully
completing the Board of Certification, Inc. examination for
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completing the Board of Certification, Inc. examination for
athletic training.
(5) CHARTER SCHOOL. A public K-12 school established
pursuant to Chapter 6F.
(6) COMMISSION. The Alabama Commission on Higher
Education.
(7) ELIGIBLE APPLICANT. An individual who satisfies the
criteria set out in this article and is eligible under rules
adopted by the commission in consultation with the Alabama
Board of Athletic Trainers.
(8) LICENSED ATHLETIC TRAINER. A health care
professional who is legally authorized to perform athletic
training services within this state upon satisfying all of the
following requirements:
a. Graduated from an approved athletic training program
at the master's degree level from an approved institution.
b. Passed the Board of Certification, Inc. examination.
c. Holds a valid license from the Alabama Board of
Athletic Trainers which verifies the individual meets
state-specific requirements, including continuing education.
(9) LOAN ASSISTANCE SUPPORT. Financial assistance
provided to a licensed athletic trainer who provides athletic
training services at a qualifying institution and has an
outstanding federal student loan balance.
(10) PROGRAM. The Alabama Math and Science Teacher
Education Program (AMSTEP), or any successor program,
administered by the commission in consultation with the
Alabama Board of Athletic Trainers.
(11) QUALIFYING INSTITUTION. A public K-12 school or
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(11) QUALIFYING INSTITUTION. A public K-12 school or
school system in this state which requires athletic training
services for sanctioned activities governed by an
organization, including the Alabama High School Athletic
Association or the Alabama Independent School Association.
(12) YEAR. The fall, spring, and summer semesters of an
academic year of a qualifying institution.
"§16-33A-1
As used in this chapter, unless the context requires
otherwise, the following terms shall have the following
meanings respectively ascribed to them by this section :
(1) ACHE. The Alabama Commission on Higher Education.
(2) ALABAMA RESIDENT. A person An individual who has
been domiciled in the State of Alabama for a period of at
least 12 consecutive months immediately preceding application
for a grant under the Alabama Student Grant Program. The ACHE
shall promulgate adopt and enforce regulations rules further
defining and limiting the term "domicile " so as to limit the
benefits of this legislation to bona fide Alabama citizens
residents , based upon criteria including residency of parents
and guardians, voter registration of students and parents,
driver's driver license registration, and other facts
indicating bona fide citizenship residency .
(3) APPROVED INSTITUTION. Any independent nonprofit
postsecondary institution of higher learning located in the
State of Alabama which is accredited by the Commission on
Colleges of the Southern Association of Colleges and Schools
any nationally recognized accrediting agency approved by the
United States Department of Education , any independent
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United States Department of Education , any independent
nonprofit postsecondary institution of higher learning whose
credits are accepted by at least three other institutions
which are accredited by the Commission on Colleges of the
Southern Association of Colleges and Schools any nationally
recognized accrediting agency approved by the United States
Department of Education , or any independent postsecondary
institution of higher learning with a permanent facility
offering classroom instruction located in Montgomery County,
Alabama, which has been incorporated and in continuous
operation for over 50 years and which has been accredited for
over 10 years by the Commission on Colleges of the Southern
Association of Colleges and Schools, prior to July 1, 2010.
Such an An approved institution must have an academic
curriculum which is not comprised principally of sectarian
instruction or preparation of students for a sectarian
vocation and which does not award primarily theologian or
seminarian degrees. To the extent that any such institution
may have a religious or denominational affiliation, it the
institution must perform essentially secular educational
functions which are distinct and separable from religious
activity. Such an An approved institution must not
discriminate in its admissions practices on the basis of
religious or denominational preference. No independent
postsecondary institution of higher learning shall be
considered an approved institution during any fiscal year in
which it the institution receives a direct appropriation from
the State of Alabama. Nothing contained herein shall be
construed to limit, replace, or diminish any direct state
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construed to limit, replace, or diminish any direct state
appropriation now being made or which shall hereafter be made
to any independent institution of higher learning.
(4) ELIGIBLE STUDENT. Any applicant for a grant under
the Alabama Student Grant Program who:
a. Has obtained a certificate of graduation from a
secondary school or the recognized equivalent of such
graduation; and
b. Is classified as an undergraduate student , as
defined in this chapter ; and
c. Is an Alabama resident , as defined in this chapter ;
and
d. Is a citizen of the United States or in the process
of becoming a citizen of the United States; and
e. Is enrolled or accepted for enrollment as a
full-time or part-time student in a program of at least six
months' duration in an approved institution as defined in this
chapter ; and
f. Is not enrolled and does not intend to enroll in a
course of study leading to an undergraduate degree in theology
or divinity.
(5) FULL-TIME STUDENT. An individual student who meets
the criteria established by definitions , and rules , and
regulations to be established by the ACHE.
(6) GRANT. A monetary award under the Alabama Student
Grant Program to an approved institution on behalf of and to
the credit of an eligible student pursuant to this chapter.
(7) INSTITUTIONAL RELATED EXPENSES. Nonsectarian
educational expenses, including, but not limited to, tuition,
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educational expenses, including, but not limited to, tuition,
mandatory fees, room and board, transportation, books and
supplies, and other incidental nonsectarian education expenses
anticipated by an eligible student.
(8) PART-TIME STUDENT. An individual student who meets
all qualifications as an eligible student and who meets the
further criteria to be established by the ACHE.
(9) PROGRAM. The Alabama Student Grant Program,
including the administration thereof of the program .
(10) UNDERGRADUATE STUDENT. Any individual student who
meets all other qualifications as an eligible student and has
not received a baccalaureate degree or its equivalent."
"§16-33D-3
For the purposes of this chapter, the following terms
have the following meanings:
(1) ACADEMIC TERM. A portion of an academic year, such
as a quarter or semester, during which an institution of
higher education holds classes , including, but not limited to,
Fall, Winter, Spring, or Summer semesters.
(2) ADULT LEARNER. An individual who is 25 years of age
or older and returning to college.
(3) ALABAMA RESIDENT. An individual who has been
classified as an in-state resident by an authorized
institution, who has established residency within this state
for at least a 12-month period prior to the beginning of the
term for which financial assistance is requested, and who is
in this state for other than a temporary purpose.
(4) APPROVED INSTITUTION. A state-supported institution
of higher education or a private nonprofit institution of
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of higher education or a private nonprofit institution of
higher education that satisfies all of the following:
a. Is accredited by the Southern Association of
Colleges and Schools Commission on Colleges, or the Council on
Occupational Education any nationally recognized accrediting
agency approved by the United States Department of Education .
b. Is eligible to receive Title IV federal student aid
program funds.
c. Maintains its primary headquarters in Alabama.
(5) AUTHORIZED INSTITUTION. An approved institution
that files a signed agreement with the commission to comply
with all rules and procedures of the ReEngage Alabama Grant
Program as provided by the commission.
(6) COMMISSION. The Alabama Commission on Higher
Education.
(7) CONTINUOUS ENROLLMENT. When an adult learner is
making academic progress toward degree completion without a
stop-out in enrollment of more than one consecutive semester
or quarter, such as Fall/Winter to Spring, Spring to
Summer/Fall, or Summer to Fall.
(8) ELIGIBLE PROGRAM. A nonsectarian, secular
educational program that is aligned with Alabama's high demand
workforce needs adopted by the Alabama Committee on
Credentialing and Career Pathways.
(9) ELIGIBLE STUDENT. An individual who completed the
Free Application for Federal Student Aid (FAFSA), who is in
pursuit of his or her first associate or baccalaureate degree,
who satisfies the criteria set out in this chapter, and who is
found to be eligible by rules adopted by the commission.
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found to be eligible by rules adopted by the commission.
(10) GRANT. A financial award by the State of Alabama
to defray the cost of tuition and mandatory fees to an
eligible adult learner who is currently enrolled in an
authorized institution.
(11) PROGRAM. The ReEngage Alabama Grant Program
created by this chapter.
(12) YEAR. An academic year that shall be divided into
Fall, Winter, Spring, and Summer terms. The term does not mean
calendar or fiscal year.
Section 3. This act shall become effective on October
1, 2026.
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