Providing an avenue of independence in educational choices for homeschooling families in Alabama. Rosewood Academy & High School A Church School Cover.
Providing an avenue of independence in educational choices for homeschooling families in Alabama.Rosewood Academy & High SchoolA Church School Cover.

Alabama State Law on Education and Church Schools

 

The information contained in this site is for general guidance on matters of interest only. The application and impact of laws can vary widely based on the specific facts involved. Given the changing nature of laws, rules and regulations, and the inherent hazards of electronic communication, there may be delays, omissions or inaccuracies in information contained in this site.   While we have made every attempt to ensure that the information contained in this site has been obtained from reliable sources, Rosewood Academy is not responsible for any errors or omissions, or for the results obtained from the use of this information.

 

https://www.hslda.org/hs101/AL.aspxOption 1: Church School Cover

 

A church school offers instruction in grades K-12 or any combination thereof, preschool through on-site or home programs and are operated as a ministry of a local church, group of churces, denomination, and/or association of churches which do not receive any state or federal funding." Ala. Code § 16-28-1(2).

 

Option 2: Private schools

 

"All private schools or institutions of any kind having a school in connection therewith, except church schools as defined in Section 16-28-1, shall register annually on or before October 10 with the Department of Education and shall report on uniform blanks furnished by the State Superintendent Department of Education, giving such statistics as relate to the number of pupils, the number of instructors, enrollment, attendance, course of study, length of term, cost of tuition, funds, value of property, and the general condition of the school."

 

 

 

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HSLDA 

 

 

 

Complying with Alabama’s homeschool law

 

In Alabama, there are three options under which you can legally homeschool. Note that church schools and private schools can establish their own policies for teacher qualification, days of instruction, and required school subjects.

 

Option 1: Homeschooling with a church school:


A church school offers instruction in grades K–12 or any combination thereof, including preschool, through onsite or home programs, and is operated as a ministry of a local church, group of churches, denomination, and/or association of churches that does not receive any state or federal funding. A home may be the location where a child receives instruction as a student attending a church school. A parent may establish a church school in the home, or the home may be an extension of an existing church school.

 

To homeschool under this option, you must take the following steps:

 

1. File a church school enrollment certificate. 

2. Keep an attendance register. 
3. Comply with any policies established by the church school. 


Option 2: Homeschooling with a private school:


A private school is established, conducted, and supported by a nongovernmental entity or agency offering educational instruction in grades K–12 or any combination thereof, including preschool, through onsite or home programs. A home may be the location where a child receives instruction as a student attending a private school. A parent may establish a private school in the home, or the home may be an extension of an existing private school.

 

1. Register the private school.

2. Comply with private school reporting requirements. 
3. Keep an attendance register. 
4. Obtain proof of immunization. 
5. Teach Physical Education. 
6. Comply with any policies established by the private school. 


Option 3: Homeschooling using a private tutor:

 

1. Select a private tutor with the required qualifications. 
2. Your child must be instructed in the required subjects and for the required number of days. 
3. The private tutor must comply with reporting and recordkeeping requirements. 

 

Homeschooling is legal in Alabama. Choose your option:

 

1. Enroll in a church school.

2. Use a private school.

 

Some common inquiries concerning homeschooling under a church school. These answers only pertain to the law. Your church school may require anything they wish. Colleges may require anything they wish.  Public schools may require anything they wish.

 

Alabama Required Subjects: None

 

Do I have to be a certified teacher? Not required

 

Standardized testing: Not required

 

Days of Attendance: 140 for Rosewood Academy

 

How often does the Church School Enrollment Form (CSEF) have to be turned into the BOE?  Once on enrollment.

 

Do I have to turn anything in to the BOE or school? Only the CSEF on enrollment and the RFR to the school you are leaving.  RWA does not do this for you.

 

Do I have to turn in grades to the BOE? No

 

Hours of teaching required: 140 days a school year.  We encourage you to teach all 365 days. 

 

Does the church school have to be accredited? No

 


Compulsory Attendance Ages: "between the ages of six and 17." The parent, legal custodian, or guardian of a child who is six years old may opt out of enrolling the child in school by written notification to the local school board that the child will not be enrolled until age seven. A child attending a church school prior to attaining his or her 16th birthday may withdraw at age 16. Alabama Code § 16-28-3.

 

During school hours children should be attended by a parent or have a school ID on them (an ID may or may not help). This regulation pertains to local laws.

 

DHR is no longer involved with educational issues. Which means any phone calls made to DHR concerning children out of school will not be handled by them (unless a judge approves an investigation).   Truancy officers are responsible for ensuring children are attending school.  In most cases  a truancy officer needs to see the church school enrollment form to prove enrollment.

 

 

 

NEW LAW SB-38  as of July 1, 2014

 

 SB38
 ENROLLED, An Act,


 To amend Sections 16-1-11, 16-28-1, 16-28-7, 16-46-1, 16-46-2, 16-46-3, 16-46-4, 16-46-5, 16-46-6, 16-46-7, 16-46-8, 16-46-9, and 16-46-10, Code of Alabama 1975, relating to education; to clarify the autonomy of nonpublic schools, including private, church, parochial, and religious schools, offering educational instruction in grades K-12, as well as home-schooled students, and otherwise establish that such nonpublic schools are not subject to regulation by the State Department of Education, the State Board of Education, and the State Superintendent of Education, and are not subject to regulation by the state or any political subdivision of the
state; to require nonpublic schools to comply with attendance laws and perform criminal history background checks on employees in accordance with state and federal law; to prohibit any public two-year or four-year institution of higher education from denying admittance to or otherwise
discriminating against an otherwise qualified student based on the consideration, whether in whole or in part, that the student attended a nonpublic school, including private, church, parochial, and religious schools, or was home schooled; and to prohibit the State Department of Education

 

Page 1SB38 from denying certification to an otherwise qualified person on the basis that the person was employed by an elementary or secondary nonpublic school, including private, church,

parochial, and religious schools. 

 

 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

 

Section 1. The Legislature finds and declares all of the following:

 

(1) That a parent or guardian in Alabama has a constitutional right to choose the type of K-12 education that is best for his or her child, whether public or nonpublic, religious or nonreligious, and including home-based education.

(2) That many parents choose to home school or enroll their children in elementary and secondary nonpublic schools, including private, church, parochial, or religious
schools, that are not subject to state regulation and do not receive state or federal funds.
(3) That other than reporting on the enrollment of students, these nonpublic K-12 schools have been primarily exempt from state regulation and have only been required by state law to report the enrollment of students.

(4) That there is no national or state constitutional mandate that the government provide, license,
 or regulate nonpublic education, including private, church, parochial, and religious schools, or home-schooled students.

(5) That regulation by the state, including the State Department of Education, the State Board of Education, or the State Superintendent of Education, of any school with a religious affiliation would be an unconstitutional burden on religious activities in direct violation of the Alabama Religious Freedom Amendment and the First Amendment to the United States Constitution; and further that the State of Alabama has no compelling interest to burden by license or regulation nonpublic schools, which include private, church, parochial, and religious schools offering educational
instruction in grades K-12, as well as home-based schools and home-schooled students.

 

Section 2. (a) A parent or guardian shall have the right to select the type school or method of his or her choice for the K-12 education of his or her child, whether public or nonpublic, religious or nonreligious, and including home-based education. (b) Nonpublic schools, including private, church, parochial, and religious schools, offering educational instruction in grades K-12, as well as home-schooled students, are not subject to licensure or regulation by the state or any
political subdivision of the state, including the State Department of Education. This section shall not be interpreted or construed as preventing a nonpublic school from voluntarily participating in state audits or other state administrative oversight in order to comply with requirements of federal
grant provisions, except that any such voluntary participation may be withdrawn by the nonpublic school at-will and immediately.
Section 3. Each nonpublic school, including private, church, parochial, and religious schools

offering educational instruction in grades K-12, as well as home-schooling entities, shall comply with the requirements of Chapter 28,9 Tile 16, Code of Alabama 1975, relating to school attendance; Chapter 22A, Title 16, Code of Alabama 1975, the Alabama Child Protection Act of 1999; and Chapter 7, Title 38, Code of Alabama 1975, relating to criminal history background checks on persons responsible for children, the elderly, and the disabled.
Section 4. Sections 16-1-11, 16-28-1, and 16-28-7 of the Code of Alabama 1975, are amended to read as follows: "§16-1-11. "All private schools or institutions of any kind having a school in connection therewith, except church schools as defined in Section 16-28-1, shall register annually on or before October 10 with the Department of Education and shall report on uniform blanks furnished by the State Superintendent Department of Education, giving such statistics as relate to
the number of pupils, the number of instructors, enrollment, attendance, course of study, length of term, cost of tuition, funds, value of property, and the general condition of the school. This section may not be interpreted or construed to authorize the Department of Education, the State Board of
Education, or the State Superintendent of Education to license or regulate any private, nonpublic, or church school offering instruction in grades K-12, or any combination thereof.   

 

"§16-28-1. "For purposes of this article, the following words, terms and phrases shall have the following respective meanings, unless clearly indicated otherwise:

 

 "(1) PRIVATE SCHOOL. Includes only such schools that are established, conducted, and supported by a nongovernmental entity or agency offering educational instruction in grades K-12, or any combination thereof, including preschool, through on-site or home programs. as hold a certificate issued by the State Superintendent of Education, showing that such school conforms to the following requirements:


a. The instruction in such schools shall be by persons holding certificates issued by the State Superintendent of Education;

b. Instruction shall be offered in the several branches of study required to be taught in the public schools of this state;

c. The English language shall be used in giving instruction;

d. A register of attendance shall be kept which clearly indicates every absence of each child from such school for a half day or more during each school day of the school year.
(2) CHURCH SCHOOL. Includes only such schools that as offer instruction in grades K-12, or any combination thereof, including the kindergarten, elementary, or secondary level preschool, through on-site or home programs, 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. "At the end of the fifth day from the opening of the public school, the principal teacher of each public school, private school, and each private tutor, but not church school, shall report on forms prescribed by the State Superintendent of Education to the county superintendent of education, in the event the school is operated in territory under the control
and supervision of the county board of education, or to the city superintendent of schools, in the event the school is operated in territory under the control and supervision of a city board of education, the names and addresses of all children of mandatory school attendance age who have enrolled in such schools; and thereafter, throughout the compulsory attendance period, the principal teacher of each school and private tutor shall report at least weekly the names and
addresses of all children of mandatory school attendance age who enroll in the school or who, having enrolled, were absent without being excused, or whose absence was not satisfactorily
explained by the parent, guardian, or other person having control of the child. The enrollment and attendance of a child in a church school shall be filed with the local public school superintendent by the parent, guardian, or other person in charge or control of the child on a form provided by the
superintendent or his or her agent which shall be countersigned by the administrator of the church school and returned to the public school superintendent by the parent.  Should the child cease attendance at a church school, the parent, guardian, or other person in charge or control of the
child shall by prior consent at the time of enrollment direct the church school to notify the local public school superintendent or his or her agent that the child no longer is in attendance at a church school. This section may not be interpreted or construed as authorizing the Department of
Education, the State Board of Education, or the State Superintendent of Education to license or regulate any private, nonpublic, or church school offering instruction in grades K-12, or any combination thereof." Section 5. Sections 16-46-1, 16-46-2, 16-46-3,
25 16-46-4, 16-46-5, 16-46-6, 16-46-7, 16-46-8, 16-46-9, and 16-46-10 of the Code of Alabama 1975, are amended to read as follows:


§16-46-1. "For the purposes of this chapter, the following words shall have the meanings respectively ascribed to them by this section:


(1) ACADEMIC FRAUD. Courses offered are insufficient in quality, content, or administration to achieve the stated or implied educational objective. Persons offering such courses who know or reasonably should know that the courses cannot achieve the stated or implied educational
objective shall be considered to be involved in academic fraud.
(2) AGENT or REPRESENTATIVE. Salesperson who presents materials, sells courses, or solicits students for enrollment of students in the state in person, by mail, by correspondence, by telephone, online, by distance learning education, or by any other method of advertising within the
state.
(3) CHURCH SCHOOL. A school operated by a local church, group of churches, denomination, and/or association of churches on a nonprofit basis.

(3) (4) COURSE. Any course, or portion of a plan or program of instruction, whether conducted in person, by mail, by correspondence, online, by distance learning education, or by any other method.
(4) (5) ECONOMIC FRAUD. The sale of courses or programs of study which an institution is unable or unwilling to provide as advertised or described because of inadequate financial stability, facilities, instructional staff, or commitment to honor written or verbal contracts made with
students. Included is the solicitation of students for enrollment through intentional deception or misrepresentation of fact and the use of advertising which is known to be false, inaccurate, or misleading. Failure to properly administer student cancellation and refund policies according to
appropriate regulations or agreements made with students shall also constitute economic fraud.
(5) (6) LICENSE. A private school license identifying the name and location of the school private
postsecondary institution and establishing the courses which may be offered thereunder.
(6) (7) PERMIT. A pocket card issued to an agent or representative providing identification as an authorized agent of a school private postsecondary institution.
(7) (8) PRINCIPAL BASE OF OPERATIONS. A school private postsecondary institution which has established a main campus in Alabama. Administrative and managerial support and
physical plant facilities are maintained continuously in this location. Franchises chartered independently of parent corporations may be accorded this status provided they comply
with the residency requirements.
(8) (9) PRIVATE SCHOOL POSTSECONDARY INSTITUTION. Operation of either a for profit or nonprofit entity postsecondary school as opposed to publicly owned or operated postsecondary schools. For the purposes of this subdivision, a for profit entity postsecondary school is any postsecondary school operated as a business corporation, partnership, or
proprietorship and a nonprofit entity postsecondary school is any postsecondary school established by a nonprofit charter or articles of incorporation with bylaws establishing a nonprofit
mode of operation that is determined by the Internal Revenue Service to be eligible for tax deductible contributions in accordance with 26 U.S.C. §501(c)(3).
(9) (10) RESIDENT COURSE. Any course or sequence of courses of instruction offered by a school which is domiciled within Alabama and has established for a period of three years permanent administrative and management facilities in this state.
(10) (11) SCHOOL. Any person, group of people, institution, establishment, agency, or organization offering or administering a plan, course, or program of instruction
whether conducted in person, by mail, by correspondence, online, by distance learning education, or by any other method except the teaching of private lessons of instruction on a
singular subject, unless otherwise provided by law.  §16-46-2. "It is hereby generally recognized that courses of postsecondary instruction, whether given in residence, or by mail, or electronically online, result in substantial benefits for students pursuing such courses, provided that such courses are designed and administered in accordance with recognized educational standards and practices. It is also recognized that persons taking such courses and postsecondary institutions offering such courses should be afforded additional protection under the laws of this state. It is the
purpose of this chapter to supplement the general law of fraud of this state so as to provide for students, educational postsecondary institutions, and the general public such added protection.

 

§16-46-3.

(a) This chapter shall not apply to any school offering instruction in grades K-12, or any combination thereof, including of the following schools nor to any person in regard to the operation of such schools, except for the conditions stated in this section: K-12 school.

(b) This chapter shall not apply to any of the following private postsecondary institutions, including any person in regard to the operation of such private postsecondary institution:
(1) Schools operated on a nonprofit basis offering only courses or programs of study which do not lead to an associate or baccalaureate degree and are limited in nature to the performance of or preparation for the ministry of any established church, denomination, or religion.
(2) Courses conducted by employers exclusively for their employees and courses conducted by labor unions exclusively for their members.
(3) Schools offering instruction in grades K-12, including the kindergarten, elementary, or secondary level and 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.

(4) Schools offering instruction in grades K-12, including the kindergarten, elementary, or secondary level, and 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.

(5)(3) Schools, colleges, and universities principally operated and supported by the State of Alabama or its political subdivisions.
(6)(4) Seminars and short courses sponsored or offered by professional business, trade, or religious organizations primarily for benefit of members thereof, or similar public programs of training where the majority of the students have at least half of their tuition and enrollment
fees paid by their employers, provided that evidence is supplied supporting this exemption continuously over the preceding five years.
(7)(5) Any private school postsecondary institution conducting resident courses whose principal base of operation is within the State of Alabama which has been in continuous operation for 20 years or more as of July 1, 2004, and that held accreditation as of that date by an accrediting agency recognized by the United States Department of Education.
(8)(6) Programs of study regulated by other state public boards, commissions, or agencies requiring school licensure or performance bonding, or both, except where the appropriate regulatory agency requires a license under this chapter.
(9)(7) Any private postsecondary institution conducting resident courses that has been in operation within Alabama for at least five years as of July 1, 2004, and that is accredited by an accrediting agency recognized by the United States Department of Education shall be accorded the
following provisions: Upon proof of such accreditation, such private postsecondary schools shall be issued a license and representative permits after required fees are paid to the Alabama Department of Postsecondary Education. The requisite accreditation shall satisfy the minimum standards of this chapter.
(b)(c) Any private school postsecondary institution exempted in this section shall retain the exempted status as long as the conditions of exemption remain valid. An accredited private school postsecondary institution or program of study not elsewhere exempted whose accreditation is
withdrawn, suspended, or revoked shall forfeit its exemption status until the grant of accreditation is restored. Due process of the accrediting agency shall be allowed prior to withdrawal of an exemption. Schools Private postsecondary institutions having accreditation withheld as a result of
transfer of ownership shall be allowed a period of time to regain the grant in accordance with the appropriate accrediting agency regulations.
(c)(d) An exemption pursuant to this section shall not be construed to constitute approval or endorsement by the State of Alabama for any purpose.
(d)(e) Exempted private schools postsecondary institutions may voluntarily request to be licensed without surety as described in Sections 16-46-5 and 16-46-6.
(e)(f) Private schools postsecondary institutions which cease operations shall place the student academic, attendance, and financial aid records in the office of the appropriate school institutional administrator where a repository shall exist to safeguard and to make available these records to authorized persons upon request as follows:
(1) Schools Private postsecondary institutions which merge, consolidate, or undergo change of ownership shall deposit with the continuing school.

(2) Schools Private postsecondary institutions which are a part of a system, organization, franchise, or a ministry of a local church or a group of churches shall deposit with the administrative office thereof if such is to remain in operation.

(3) Elementary and secondary schools without system support shall deposit with the superintendent of the public county or city within whose district the school is located.
(3) Other private postsecondary institutions

(4) Postsecondary, higher, and others not elsewhere designated shall deposit with the Alabama Department of Postsecondary Education.
§16-46-4. "No person shall do any of the following:
(1) Make or cause to be made any statement or representation, oral, written, or visual, in connection with the operation of a school or the offering of a course, if such person knows or reasonably should know the statement or representation to be false, inaccurate, or misleading;.
(2) Promise or guarantee employment utilizing information, training, or skill purported to be provided or otherwise enhanced by a course or school, unless such person offers the student or prospective student a bona fide contract of employment agreeing to employ said the student or
prospective student for a period of not less than six months in a business or other enterprise regularly conducted by him or her and in which such information, training, or skill is a
normal condition of employment; or.

(3) Do any act constituting part of the conduct of operating a school or administration of a course or the obtaining of students therefor if such person knows or reasonably should know that any phase or incident of the conduct or operation of the school or administration of the course is being carried on by the use of fraud, deception, or other misrepresentation or by a person or persons operating a school without a license or soliciting students without a permit provided for by this chapter.
"16-46-5. 
(a) No proprietary private postsecondary school institution, except those enumerated in Section 16-46-3, shall operate within this state unless the school private postsecondary institution first secures a license from the Alabama Department of Postsecondary Education, regardless of

whether the school private postsecondary institution enrolls Alabama students or has a physical presence within the State of Alabama. Procedures for licensing and bonding of schools
private postsecondary institutions operating courses in separate locations shall be established in the rules and regulations pursuant to Section 16-46-7.
(b) No K-12 school, except those enumerated in Section 16-46-3, shall operate within this state unless the school first secures a license from the Alabama State Department of Education. Procedures for licensing and bonding of schools operating courses in separate locations shall be
established in the rules and regulations pursuant to Section 16-46-7.
(b) For all applicable private postsecondary schools or institutions that apply for a license and that meet the criteria identified in this section, the

(c) Upon satisfactory review of a school, the Alabama State Department of Education or the Alabama Department of Postsecondary Education, as appropriate, shall issue a license to be
publicly displayed on the premises where the school private postsecondary institution operates.
(c) (d) The application for a license for a K-12 school shall be made on forms furnished by the Alabama State Department of Education. Application for a license for a proprietary private postsecondary institution shall be made on forms furnished by the Alabama Department of Postsecondary Education.
(d) (e) The State Board of Education shall promulgate a schedule of licensing fees, which may be revised from time to time upon reasonable notice at the discretion of the board. All licensing fees collected from private postsecondary institutions shall be deposited in the State Treasury to the credit of the private school licensing section in the Alabama Department of Postsecondary Education. Licensing fees collected from Key schools shall be deposited in the State Treasury to the credit of the Alabama State Department of Education.
(e) (f) All K-12 schools except those enumerated in Section 16-46-3 shall be required to establish financial stability by a surety acceptable to the Alabama State Department of Education in the penal sum of not more than $10,000.00. The sum required to provide prepaid tuition liability shall be established by the Alabama State Department of Education by appropriate regulation pursuant to Section 16-46-7. All proprietary private postsecondary institutions, except those enumerated in Section 16-46-3, shall be required to establish financial stability by surety acceptable to the
Alabama Department of Postsecondary Education in the penal sum of not more than twenty thousand dollars ($20,000). The sum required to provide prepaid tuition liability shall be established by the Alabama Department of Postsecondary Education by appropriate regulation pursuant to Section 16-46-7. Financial stability for separate locations shall be provided through the principal base of operations. Such surety shall be continuous and shall be conditioned to provide
indemnification to any student suffering loss as a result of any fraud or misrepresentation used in procuring his or her enrollment in and/or administering a course covered by this chapter for the purpose of assuring due and faithful performance of agreements or contracts with students.
(f) (g) A license under this chapter shall be valid for two years from the date on which it was issued.
(g) (h) Regardless of the number of years that a surety is in force, the aggregate liability thereon shall in no event exceed the penal sum of the surety accepted by either the Alabama State Department of Education or the Alabama Department of Postsecondary Education, as appropriate. The surety may cancel the same upon giving 30 days' notice in writing to the Alabama State Department of Education or the Alabama Department of Postsecondary Education, as appropriate,
and thereafter shall be relieved of liability for any breach of condition occurring after the effective date of the cancellation.
(h) (i) Application for a license shall also be accompanied by a financial statement acceptable to the State Department of Education or the Alabama Department of Postsecondary Education, as appropriate, and a copy of the current catalog, brochure, or bulletin of the school private
postsecondary institution, which shall include all of the following:
(1) Identifying data such as volume number, date, and publication.
(2) Name, address, and telephone of the school private postsecondary institution and its governing body, officials, and faculty.
(3) A clear and concise statement of the objectives of the training given by the school.
(4) The exact manner in which the stated objectives are to be attained.
(5) A tuition and refund policy which is in compliance with the appropriate regulation pursuant to Section.
(6) A grievance policy which directs aggrieved students to first attempt to resolve complaints through the appropriate school officials of the private postsecondary institution. Student grievances not resolved by the school private postsecondary institution shall be referred to the
Alabama State Department of Education or the Alabama Department of Postsecondary Education, as appropriate.
(7) Such other reasonable information as the Alabama State Department of Education or the Alabama Department of Postsecondary Education, as appropriate, may
impose.

(i) (j) Upon receipt of the required information, the Alabama State Department of Education or the Alabama Department of Postsecondary Education, as appropriate, may issue a license provided the institution is complying with all of the following standards:
(1) The courses, curriculum, and instructions of such school the private postsecondary institution are consistent, in quality and content, with recognized educational standards as determined by the Alabama State Department of Education or the Alabama Department of Postsecondary Education, as appropriate.

(2) There is available to the school private postsecondary institution adequate space, equipment,
instructional material, and instructor personnel to provide training of good quality.

(3) Adequate records as determined by the Alabama State Department of Education or the Alabama Department of Postsecondary Education, as appropriate, are kept to show attendance and student progress. Records shall be available upon request of the student to be furnished prospective employers and other interested parties.

(4) The school private postsecondary institution is financially sound and capable of fulfilling its commitments for training.

(5) Schools Private postsecondary institutions or courses domiciled outside Alabama shall designate a state agent who is a resident of this state to service all complaints against the school institution.

(6) A student enrollment agreement or contract shall be utilized to set forth clearly all conditions for enrollment in and completion of courses of instruction, itemized course cost, terms of payment, and other conditions the school private postsecondary institution may desire to establish. Conditions for forced withdrawal for academic or disciplinary reasons shall be stated. Contracts establishing installment payments with interest charges shall be in compliance with Alabama statutes regarding lending and usury and shall be certified by the Alabama State Banking

Department.

(7) The school private postsecondary institution shall comply with all local, state, and federal laws and regulations.
(j) (k) Any license applied for pursuant to this section shall be granted, deferred, or denied within 30 days of the receipt of the application therefor by either the Alabama State Department of Education or the Alabama Department of Postsecondary Education, as appropriate.
(k) (l) The Alabama State Department of Education or the Alabama Department of Postsecondary Education, as appropriate, may invoke negative actions against any license issued if the holder of the license solicits or enrolls students or administers instructions through fraud, deception,
or misrepresentation. Negative actions shall include probation, suspension, and/or revocation.
(l) (m) The fact that a surety is in force pursuant to this section shall not limit nor impair any right of recovery otherwise available under law, nor shall the amount of such surety be relevant in determining the amount of damages or other relief to which any plaintiff may be entitled.
(m) (n) No recovery against any student shall be had on any contract if such school private postsecondary institution was not the holder of a license as required by this section at the time that such school the institution or its representative negotiated the contract for or sold such
course.
(n) (o) Schools Private postsecondary institutions which undergo transfer of ownership shall be reviewed to determine that minimum standards remain in effect. The license may not be transferred to new ownership. Financial stability of the new ownership shall be established.
(o) (p) The issuance of a license pursuant to this section shall represent authority to operate an educational institution in Alabama. Licensure may not be advertised as an endorsement or recommendation, but it implies compliance with the laws of Alabama. Advertising may indicate only that the school private postsecondary institution is licensed by the state.
§16-46-6.
(a) No person representing any school private or postsecondary institution or other individual or organization offering courses in this state, or from a place of business in this state, whether located within or outside this state, shall sell any course or solicit students therefor in this
state for a consideration or remuneration unless a permit is first secured from the Alabama State Department of Education or the Alabama Department of Postsecondary Education, as
appropriate, with the exception of agents representing schools exempted under Section 16-46-3. If the agent represents more than one school not exempted under Section 16-46-3, a separate
permit shall be obtained for each school represented. The application for a permit shall be made on forms to be furnished by either the Alabama State Department of Education or Alabama Department of Postsecondary Education, as appropriate, and shall be renewed every two years.
(b) Upon satisfactory review of an agent, the Alabama State Department of Education or the Alabama Department of Postsecondary Education, as appropriate, shall
issue a pocket card displaying the signature of the person, facial photo, name and address, the name and address of the employing school private postsecondary institution or virtual
school, and certifying that the person is an authorized agent of the school entity. A permit shall be valid for two years from the date on which it was issued. This permit shall be carried on person when representing the school institution or entity as an agent.

(c) Schools Entities utilizing agents shall provide indemnification to any student suffering loss as a result of any fraud or misrepresentation used by the agents in procuring enrollment. This subsection only applies to entities subject to this section and not exempted under Section 16-46-3.
(d) One complimentary agent's permit may be issued to a designated owner, director, or managerial person of each licensed school private postsecondary institution or other entity subject to this section not exempted under Section 16-46-3, that is identified as a principal base of operation.
(e) No person shall be issued a permit to represent any school private postsecondary institution or other entity subject to this section and not exempted under Section 16-46-3, whether located within or outside this state, until it has been determined by the Alabama State Department of
Education or the Alabama Department of Postsecondary Education, as appropriate, that the school private postsecondary institution or other entity has qualified under the requirements of Section 16-46-5.
(f) Any permit applied for pursuant to this section shall be granted, deferred, or denied within 30 days of the receipt of the application therefor by the Alabama State1 Department of Education or the Alabama Department of Postsecondary Education, as appropriate.

(g) The Alabama State Department of Education or the Alabama Department of Postsecondary Education, as appropriate, may invoke negative actions against any permit issued pursuant to this section if the holder of the permit solicits or enrolls students through fraud, deception, or misrepresentation or upon a finding that the license to operate the school private postsecondary institution or entity represented is revoked or it is determined by the Alabama
State Department of Education or the Alabama Department of Postsecondary Education, as appropriate, that the school private postsecondary institution or entity located outside of
the state which the holder of the permit represents does not meet the requirements of Section 16-46-5. Negative actions shall include probation, suspension, and/or revocation.
(h) The fact that a surety is in force shall not limit or impair any right of recovery otherwise available under law, nor shall the amount of such bond be relevant in determining the amount of damages or other relief to which any plaintiff may be entitled. 
(i) No recovery shall be had on any contract for or in connection with a course by any person selling or administering such course if the representative soliciting the students or selling the course was not the holder of a permit as required by this section at the time that such
representative negotiated the contract for or sold such course.  
(j) No recovery shall be had on any contract for or in connection with a course by any person or institution holding such a contract who is legally a third party or holding agent for one of the other parties where the selling of the course or the conduct or operation of the school entity
subject to this section or the administering of the course is carried on by use of fraud, deception, or other misrepresentation or if the person or persons operating the school entity subject to this chapter, administering the course, or soliciting students is without a license provided by this chapter.
(k) The issuance of a permit pursuant to this section shall not be deemed to constitute endorsement of any course, person, or institution offering, conducting, or otherwise administering the same. Any representation contrary to this subsection or tending to imply that a permit issued
pursuant to this section constitutes such endorsement shall be a misrepresentation within the meaning of this chapter. Permits to sell courses, solicit students, or otherwise represent a school an entity subject to this section that is located within this state may not be issued unless the school entity first obtained a license to operate under Section 16-46-5, nor may permits be issued to represent schools entities subject to this section that are located outside of Department of Education or the Alabama Department of Postsecondary Education, as appropriate, that such school the private postsecondary institution qualifies under the requirements of Section 16-46-5.
§16-46-7. "The Alabama State Board of Education may adopt rules and regulations for the administration and enforcement of this chapter and shall require the Chancellor to establish
an advisory committee of owners or operators of proprietary private postsecondary institutions, to which this chapter applies, and of other persons with knowledge in the field to which this chapter applies to advise the Chancellor in the administration of this chapter relating to proprietary private
postsecondary institutions. The advisory committee may review any action taken or policy established by the Alabama Department of Postsecondary Education, as appropriate, in the
administration of this chapter and may offer recommendations to the Chancellor or State Board of Education. Reimbursement for per diem and travel to advisory committee meetings shall
be authorized under this chapter and shall be expended by voucher as required by the Alabama Department of Postsecondary Education.
§16-46-8. "The Alabama State Department of Education or the Alabama Department of Postsecondary Education, as appropriate, may institute such action of law or in equity as may be
necessary to enforce this chapter. In addition to any other remedy under this chapter, the Alabama State Department of Education or the Alabama Department of Postsecondary
Education, as appropriate, may apply for relief by injunction, mandamus, or any other appropriate remedy in equity without being compelled to allege or prove that an adequate remedy at
law does not otherwise exist. The Alabama State Department of Education and the Alabama Department of Postsecondary Education are is not required to give or post bond in any
action to which it is party, whether upon appeal or otherwise. All legal actions shall be brought against the Alabama State Department of Education or the Alabama Department of
Postsecondary Education, as appropriate, in the name of the Alabama State Board of Education or the Alabama Department of Postsecondary Education, as appropriate. The Alabama State
Department of Education and the Alabama Department of Postsecondary Education, as appropriate, may institute an action by its own attorney, but each shall have the right, if
it deems advisable, to call upon any assistant district attorney or district attorney to represent it in the circuit courts of this state or the Attorney General to represent it on appeal in the appellate courts of this state.  §16-46-9. "Any person or school or private postsecondary institution aggrieved by the actions of the Alabama State Department of Education or the Alabama Department of Postsecondary Education with respect to exemption, issuance, denial, deferral, probation, suspension, or revocation of a license or permit provided for in Sections 16-46-3, 16-46-5, and 16-46-6, may file within 30 days a petition for review by the Alabama State Board of Education. The aggrieved person, or school, or institution shall then be entitled to a hearing
before the Alabama State Board of Education. The person, or school, or institution may be represented by counsel at the hearing. The aggrieved person, or school, or institution may
adduce evidence, both oral and documentary, at such hearing and on official record if such hearing shall be transcribed by a qualified court reporter. After the Alabama State Board of
Education acts on the petition for review, any person, or school, or institution aggrieved by the Alabama State Board of Education's actions shall, within 30 days after receiving notice of any such action, may have such action reviewed by a writ of certiorari by filing in the Circuit Court of
Montgomery County, Alabama, a verified petition setting out the specific action or actions of the Alabama State Board of Education by which the person, or school, or institution is aggrieved. The court shall consider only such matters as are contained in the petition. Upon such petition being filed, a writ of certiorari shall be issued out of the court directly to the Alabama State Board of Education requiring it to file with the court the records and transcript of testimony upon which such action or order was made and requiring the board to file an answer to the petition within 30 days of service of the writ. Upon the board filing such answer, the issue shall be joined thereon without further pleading and the case considered on the petition, the records of the board, and the
answer filed by the board, but no new or additional evidence shall be taken or heard by the court. If new or additional evidence is discovered by any party or school, after the hearing of the Alabama State Board of Education, the evidence may be made grounds for a motion for a new hearing before the Alabama State Board of Education under the rules applicable to similar laws for a new trial in the state courts of Alabama. Such court may suspend or stay such actions of the Alabama State Board of Education complained of in such petition, pending final hearing, only upon the petitioner executing a bond in such amount as the court deems reasonably sufficient
to pay all costs of appeal if the petition is not sustained.  In no case shall the bond be less than the reasonable cost of the transcript of the hearing before the Alabama State Board of Education that is being appealed. Upon final hearing, the court shall have jurisdiction to reverse, vacate, or modify the action complained of if, upon the consideration of the issues before the court, the court is of the opinion that the action is unlawful.  §16-46-10."It shall be unlawful for any person to violate any provisions of this chapter. Any person required by this chapter to have a license or permit who shall do in this state any business of the nature described in this chapter without
 first obtaining such a license or permit as required of him or her by this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than five hundred dollars ($500) or a term of imprisonment not to exceed six months, or both. Each day's violation of this chapter shall constitute a separate offense. All fines shall be deposited in the State Treasury to the credit of the Alabama State Department of Education or the Alabama Department of Postsecondary Education, as appropriate.  "Section 6. Any provision of law to the contrary
notwithstanding, no public two-year or four-year institution of higher education in the state may deny admission to or otherwise discriminate against an otherwise qualified student based on the consideration, whether in whole or in part, that the student attended, graduated from, or is enrolled in a nonpublic school, including private, church, parochial, and religious schools, or was home schooled.  Section 7. Any provision of law to the contrary notwithstanding, the State Department of Education's requirements for teacher certification and recertification shall be the same for any person who teaches in a public school or a nonpublic school, whether accredited or not, and without regard to whether the otherwise qualified person is or was employed by a nonpublic K-12 private, church, parochial, or religious school that is not subject to state regulation.
Section 8. All nonpublic schools which choose to become members of the Alabama High School Athletic Association shall be in compliance with the constitution and bylaws established by Alabama High School Athletic Association member schools.  Section 9. All laws or parts of laws which conflict with this act are repealed.   Section 10. This act shall become effective on the
first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

 

Following are the codes for Alabama State Law on Education and Church Schools in prior to July 1, 2014

 

Section 16-28-1

Definitions.

For purposes of this article, the following words, terms and phrases shall have the following respective meanings, unless clearly indicated otherwise:

(1) PRIVATE SCHOOL. Includes only such schools as hold a certificate issued by the State Superintendent of Education, showing that such school conforms to the following requirements:

a. The instruction in such schools shall be by persons holding certificates issued by the State Superintendent of Education;

b. Instruction shall be offered in the several branches of study required to be taught in the public schools of this state;

c. The English language shall be used in giving instruction;

d. A register of attendance shall be kept which clearly indicates every absence of each child from such school for a half day or more during each school day of the school year.

(2) CHURCH SCHOOL. Includes only such schools as offer 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.

(School Code 1927, §302; Code 1940, T. 52, §299; Acts 1982, No. 82-218, p. 260, §1.)

 

Section 16-28-2.1

Adoption of standards for mandatory attendance policy; parents held accountable; enforcement.

The Legislature finds that mandatory attendance policies for schools differ from school system to school system throughout the State of Alabama. The State Board of Education shall adopt standards for a mandatory and enforceable attendance policy for all students in public schools in the State of Alabama. Parents shall be held accountable in accordance with Sections 16-28-12 and 16-28-7, for the failure of the child who is of compulsory attendance age to attend either public, private or church-school. Enforcement of this section shall lie with the local board of education and the juvenile court system.

(Acts 1991, No. 91-323, p. 602, §15.)

 

Section 16-28-4

Minimum age at which child may enter.

(a) A child who is six years of age on or before September 1 or the date on which school begins in the enrolling district shall be entitled to admission to the public elementary schools at the opening of such schools for that school year or as soon as practicable thereafter. A child who is under six years of age on September 1 or the date on which school begins in the enrolling district shall not be entitled to admission to the first grade in the public elementary schools during that school year; except, that an underage child who transfers from the first grade of a school in another state may be admitted to school upon approval of the board of education in authority, and an underage child who has moved into this state having completed or graduated from a mandated kindergarten program in another state shall be entitled to admission to the public elementary schools regardless of age. A child who becomes six years of age on or before February 1 may, on approval of the board of education in authority, be admitted at the beginning of the second semester of that school year to schools in school systems having semiannual promotions of pupils.

(b) A child who is five years of age on or before September 1 or the date on which school begins in the enrolling district shall be entitled to admission to the local public school kindergartens at the opening of such schools for that school year or as soon as practicable thereafter; a child who is under five years of age on September 1 or the date on which school begins in the enrolling district shall not be entitled to admission to such schools during that school year; except that, an underage child who transfers from the public school kindergarten in another state may be admitted to local public kindergarten on the prior approval of the local board of education on a space available basis. The aforementioned underage children transferring from the public school kindergartens of another state, upon successful completion of the kindergarten in the local public schools, will then be allowed admission to the first grade of the local public schools.

(c) Students who were four years of age on or before October 1, 1989, and are enrolled in a public, private or church four-year-old program or kindergarten during the 1989-90 school year will be allowed to enroll in a five-year-old public kindergarten, applicable only for the 1990-91 school year and to enroll in grade one of a public school, applicable only for 1991-92 school year. Students who are already enrolled in a public, private or church kindergarten will be allowed to enroll in grade one of a public school, applicable only for the 1990-91 school year.

(d) No public school system shall lose any teacher unit as a result of this section. The State Board of Education is authorized to adopt policies for local boards of education for the implementation of this section.

(Acts 1935, No. 246, p. 646, § 1; Code 1940, T. 52, §298; Acts 1947, No. 234, p. 103; Acts 1950, 2nd Ex. Sess. No. 4, p. 24, § 1; Acts 1967, No. 596, p. 1382, § 1; Acts 1982, No. 82-553, p. 914, §§1, 2; Acts 1989, No. 89-854, p. 1704, §1; Acts 1990, No. 90-578, p. 983, §§ 1, 2; Acts 1991, No. 91-323, p. 602, §13.)

 

Section 16-28-7

Report of enrollment.

At the end of the fifth day from the opening of the public school, the principal teacher of each public school, private school, and each private tutor, but not church school, shall report on forms prescribed by the State Superintendent of Education to the county superintendent of education, in the event the school is operated in territory under the control and supervision of the county board of education, or to the city superintendent of schools, in the event the school is operated in territory under the control and supervision of a city board of education, the names and addresses of all children between the ages of seven and 16 years who have enrolled in such schools; and thereafter, throughout the compulsory attendance period, the principal teacher of each school and private tutor shall report at least weekly the names and addresses of all children between the ages of seven and 16 years who enroll in said school or who, having enrolled, were absent without being excused, or whose absence was not satisfactorily explained by the parent, guardian, or other person having control of the child. The enrollment and attendance of a child in a church school shall be filed with the local public school superintendent by the parent, guardian or other person in charge or control of the child on a form provided by the superintendent or his agent which shall be countersigned by the administrator of the church school and returned to the public school superintendent by the parent. Should said child cease attendance at a church school, the parent, guardian, or other person in charge or control of the child shall by prior consent at the time of enrollment direct the church school to notify the local public school superintendent or his agent that said child no longer is in attendance at a church school.

(School Code 1927, §309; Code 1940, T. 52, §306; Acts 1982, No. 82-218, p. 260, §5.)

 

Section 16-28-8

Reports required must be furnished.

All school officers, including those in private schools, or private tutors, but not those in church schools, in this state offering instruction to pupils within the compulsory attendance ages, shall make and furnish all reports that may be required by the State Superintendent of Education and by the county superintendent of education or by the board of education of any city with reference to the workings of this article. The principal teacher of each public school, private school, church school and each private tutor shall 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 during each school day of the year.

(School Code 1927, §310; Code 1940, T. 52, §307; Acts 1982, No. 82-218, p. 260, §6.)

 

Section 16-28-16

Cases of nonenrollment and nonattendance; withdrawal of enrollment.

(a) It shall be the duty of the county superintendent of education or the city superintendent of education, as the case may be, to require the attendance officer to investigate all cases of nonenrollment and of nonattendance. In all cases investigated where no valid reason for nonenrollment or nonattendance is found, the attendance officer shall give written notice to the parent, guardian, or other person having control of the child. In the event of the absence of the parent, guardian, or other person having control of the child from his or her usual place of residence, the attendance officer shall leave a copy of the notice with some person over 12 years of age residing at the usual place of residence, with instructions to hand the notice to the parent, guardian, or other person having control of the child, which notice shall require the attendance of the child at the school within three days from the date of the notice. In the event the investigation discloses that the nonenrollment or nonattendance was without valid excuse or good reason and intentional, the attendance officer shall be required to bring criminal prosecution against the parent, guardian, or other person having control of the child.

(b) Each child who is enrolled in a public school shall be subject to the attendance and truancy provisions of this article except that any parent or parents, guardian or guardians who voluntarily enrolls their child in public school, who feel that it is in the best interest of that child shall have the right to withdraw the child at any time prior to the current minimum compulsory attendance age.

(School Code 1927, §314; Code 1940, T. 52, §311; Act 99-705, 2nd Sp. Sess., p. 222, §1; Act 2001-344, p. 446, §1.)
 

 

 

 

 “What does compulsory education often do? It makes a straight-cut ditch of a free, meandering brook.”  -Henry David Thoreau

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Contact Info

Rosewood Academy and High School
1301 Rosewood Drive
Maytown, AL 35118

Cell Phone: 205 586-4842

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Email: rosewood.bidwell@gmail.com

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Please call Monday - Friday 8:00-5:00
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