Private School Regulation
Alabama
Registration/Licensing/Accreditation: All private
schools, except church schools, must register annually on or
before October 10 with the Alabama Department of Education and
report on the number of students and instructors, enrollment,
attendance, course of study, length of term, cost of tuition,
funds, value of property, and the general condition of the school.
Ala. Code § 16-1-11. The state superintendent of education
furnishes the necessary forms for reporting. Ala. Code § 16-4-16. "Church schools" are defined as schools offering "instruction
in grades K-12, or any combination thereof including the kindergarten,
elementary, or secondary level and are operated as a ministry
of a local church, group of churches, denomination, and/or association
of churches on a nonprofit basis which do not receive any state
or federal funding." Ala. Code 16-28-1.
Licensing by the Alabama Department of Education is required
annually prior to the operation of a private school. Ala. Code § 16-46-5.
However, most private elementary and secondary schools would
qualify for exemptions, as schools operated by "a parochial,
denominational, or religious organization, and/or as a ministry
of a local church or group of churches on a nonprofit basis" or
schools operated by "a community, educational organization, or
group of parents, organized as a nonprofit educational corporation
with the expectation of establishing a more favorable environment
for those in attendance." Ala. Code § 16-46-3. Exempted
private schools may voluntarily request to be licensed without
surety. Ala. Code § 16-46-3(d). Licensing is based on specific
criteria, such as, the quality and content of curriculum, adequate
space, equipment, instructional materials and personnel, recordkeeping,
and financial stability. Ala. Code § 16-46-5(i)(1)-(7).
Ala. Admin. Code r. 290-030-050.
By definition, a private school, but not a church school, holds
a certificate issued by the state superintendent of education
showing that the school conforms to the following requirements:
(1) instruction is given by persons holding certificates issued
by the state superintendent of education; (2) instruction is
given in the several branches of study required to be taught
in the public schools; (3) the English language is used in giving
instruction; 4) a register of attendance is kept indicating every
absence of each child from school for a half day or more. Ala.
Code § 16-28-1(1).
Recordkeeping/Reports: The principal teacher
of private and church schools must keep an attendance register
showing the enrollment of the school and every absence of each
enrolled child from school for a half day or more. Ala. Code § 16-28-8.
The registry is admissible as evidence in compulsory attendance
hearings. Ala. Code of Ala. 1975 § 16-28-23.
Private schools, i.e. a profit or nonprofit entity
as opposed to publicly owned or operated schools, which cease
operations shall place student academic attendance and financial
aid records in the following repository: (1) if merged, consolidated,
or change of ownership, in the continuing school; (2) if part
of a system, organization, franchise, or church ministry, in
the administrative office; (3) if without system support, with
the local superintendent of the public county or city. Code of
Ala. 1975 § 16-46-3(e).
At the end of the fifth day from the opening of the public
school, the principal teacher of each private school, but not
church school, must report to the local superintendent the names
and addresses of all children age 7-16 enrolled; and thereafter,
at least weekly the names of students absent without excuse.
Code of Ala. 1975 § 16-28-7.
At church schools, enrollment and attendance must be reported
to the local public school superintendent by the parent or guardian
on a form provided by the superintendent. The administrator of
the church school countersigns the enrollment form. If a child
leaves the church school, the church school will notify the local
public school superintendent, by prior consent of the parent
or guardian. Ala. Code § 16-28-7.
Length of School Year/Day: Under the compulsory
attendance law, children attending private schools, but not church
schools, are required to attend "the entire length of the school
term." Ala. Code § 16-28-3.
Instruction in English: Private schools, but
not church schools, are required to use the English language
in giving instruction. Ala. Code § 16-28-1(1).
Teacher Certification: Instruction at private
schools, but not church schools, must be provided by persons
holding certificates issued by the state superintendent of education.
Ala. Code § 16-28-1 (1)a, (2).
Curriculum: Private schools, but not church
schools, are required to offer instruction in "the several branches
of study required to be taught in the public schools." Ala. Code § 16-28-1(1).
Private schools, but not church schools, must provide a physical
education program which conforms to the program outlined by the
Alabama Department of Education. Ala. Code § 16-40-1.
Health: A certificate of immunization or testing
(as designated by the state health officer) is required prior
to admittance to a private school. Ala. Code § 16-30-4.
No teacher or school administrator employed by a nonpublic
school is excluded from participating in in-service teacher education
institutes or curriculum development programs for drug abuse
prevention provided under Chapter 41, Drug Abuse Education. Ala.
Code § 16-41-5.
Safety: Alabama requires all private schools
to conduct monthly fire drills and to have all doors and exits
open out, and that all such doors and exits be unlocked during
school hours. Ala. Code § 36-19-10.
Private school employers must check the sex crime records of
job applicants or volunteers for positions having supervisory
or disciplinary power over minors under 18 years of age. The
Department of Public Safety will furnish the information to the
requesting employer and may charge the employer a fee for the
actual cost. Ala. Code § 26-20-1.
Private schools must fully meet the building code requirements
unless the building was used for that purpose prior to the effective
date of the code. Ala. Code § 41-9-163(c).
An additional penalty of 5 years incarceration, with no provision
for probation, is imposed for the unlawful sale of a controlled
substance on the campus of a private school or within a three-mile
radius of the campus. Ala. Code § 13a-12-250.,
Transportation: A license tax or registration
fee of $13.00 is imposed on motor buses owned by a church or
a private school that are used only for the purposes of the institution.
Ala. Code § 40-12-246 (d).
Home Schooling: Every child between the ages
of 7 and 16 are required to attend a public school, private school,
church school, or be instructed by a private tutor certified
by the state of Alabama for the entire length of the school term
in every scholastic subject. Parents who want to have their child
instructed at home must either do so through a certified tutor
or must qualify as a church school. Church schools offer instruction
in grades K-12 or any combination thereof; are operated as a
ministry of a local church or group of churches, denomination,
and/or association of churches on a nonprofit basis; and do not
receive any federal or state funding. Ala. Code §§ 16-28-1;
16-28-3. The enrollment and attendance of a child in a church
school must be filed with the local public school superintendent
by the parent or guardian on a form provided. Ala. Code § 16-28-7.
Public Aid for Private Schools/Private School Students: No
money raised for the support of the public schools can be appropriated
to or used for the support of any sectarian or denomination school.
Alabama Constitution, Article 14, Section 263.
The Alabama state legislature is prohibited from taxing school
property, real or personal. Alabama Constitution, Article 4,
Section 91.
No teacher or school administrator employed by a nonpublic
school is excluded from participating in in-service teacher education
institutes or curriculum development programs for drug abuse
prevention provided under Chapter 41, Drug Abuse Education. Ala.
Code §16-41-5.
| 
©2007
esearchforit, LLC |