Section 16-26E-5 - Powers of board(a) The board of trustees may perform the following functions: (1) Accept donations, bequests, or other forms of financial assistance for educational purposes from any public or private person or agency and comply with rules and regulations governing grants from the federal government or from any other person or agency, which are not in contravention of the constitution and laws.(2) Purchase or lease real estate and equipment and make improvements to facilities necessary for the use of the school, in accordance with applicable law.(3) Lease land or other property belonging to the board of trustees or to the school.(4) Sell or exchange land or other real property not needed for school purposes, but only when specifically authorized by law and then only in accordance with the procedures provided for the sale of unused school lands. The sale shall be authorized by resolution adopted by the board of trustees, and the act of sale shall be signed by the president of the board of trustees or such other person to whom the signing may be delegated by the board of trustees in the authorizing resolution.(5) Adopt, amend, or repeal rules, regulations, and policies necessary or proper for the conduct of the business of the board of trustees.(6) Award certificates and issue diplomas for successful completion of programs of study. All certificates and diplomas shall be in addition to a regular high school diploma, which shall be issued by the state board in accordance with state law to any student who successfully completes the program of study adopted by the board of trustees.(7) Enter into contracts and agreements which have been recommended by the president of school, in accordance with applicable law, and to the extent that funds are specifically appropriated therefor, with other public agencies with respect to cooperative enterprises and undertakings related to or associated with an educational purpose or program affecting education in the school. This shall not preclude the board of trustees from entering into other contracts and agreements that the board of trustees may deem necessary to carry out the duties and functions of the board of trustees.(8) Perform such other functions as are necessary to the supervision and control of those phases of education under the board of trustees.(b) The board of trustees shall delegate to the president of school those powers and duties the board of trustees deems appropriate to aid the president of school in the efficient administration of his or her responsibility for the implementation of the policies of the board of trustees.(c) In addition to the authorities granted in this act and any powers, duties, and responsibilities vested by any other applicable laws, the board of trustees shall perform all of the following duties: (1) Adopt rules, regulations, and policies necessary for the efficient operation of the school.(2) Establish criteria to be used in determining eligibility of applicants for enrollment.(3) Approve subjects and extracurricular activities to be offered. Subjects shall initially be subject to approval by the state board, and thereafter, changes in the subjects shall be subject to approval by the state board.(4) Select a president of school who shall be the chief executive officer of the school and who shall administer the rules, regulations, and policies adopted by the board of trustees pursuant to this act. The president of school shall also be the chief administrative officer of the board of trustees and shall be responsible for all the administrative functions, duties, and needs of the board of trustees. Until such time as the board of trustees selects a president of school, the superintendent shall serve as the chief administrative officer of the board of trustees and shall be responsible for the duties of the president of school as they relate to the board of trustees. The superintendent shall relinquish administrative duties provided to the board of trustees to the president of school when the president of school officially assumes his or her duties with the board of trustees.(5) Oversee the staffing plan development and implementation necessary for the efficient operation of the school.(6) Prepare and adopt an annual budget necessary for the continued operation of the school.(7) Pay the expenses, per diem, and travel expenses of the board of trustees and its members, which shall be the same as allowed state employees when the board member is traveling on board business. The board shall also pay the salaries and expenses including, but not limited to, facilities, equipment, and supplies of the administration, faculty, and staff of the school out of funds appropriated or otherwise made available for the operating and administrative expenses of the board of trustees and the school.(8) Exercise budgetary responsibility and allocate for expenditure by the school and programs under its jurisdiction all monies appropriated or otherwise made available for purposes of the board of trustees and of the school and programs.(9) Oversee selection and use in the school free textbooks and other materials of instruction for students enrolled in the school and programs under its jurisdiction for which the Legislature provides funds. Wherever practical, the school shall select and the board of trustees approve the same textbooks and other materials of instruction as are adopted by the state board.(10) Prepare and adopt or approve programs of study and rules, bylaws, and regulations for the discipline of students and for the government of the school and programs under its jurisdiction, which may not be inconsistent with the law and which shall be enforced by the administration, staff, and faculty of the school. Programs of study shall initially be subject to approval by the state board, and thereafter, any changes in programs of study shall be subject to approval by the state board.(11) Any provision of law to the contrary notwithstanding, prescribe the qualifications of educators at the school, provided that any educator employed at the school, who does not hold certification, shall hold an advanced degree, or be acknowledged by the board of trustees as an expert, in his or her field of instruction.(12) Develop and adopt a formula or system under which students shall be admitted. The formula or system shall be sufficient to ensure that at least one qualified applicant for admission from within the geographical boundaries of each state senate district shall be eligible for admission to the school each year. If no qualified applicant from a state senate district applies for admission, then the slots available to that senate district shall be lost to that senate district for that school year and shall be reallocated by the board of trustees to provide for the admission of qualified applicants from other senate districts. Any provision of this subdivision to the contrary notwithstanding, the board of trustees shall admit additional students, utilizing admission criteria provided by the adopted formula or system and as resources and facilities allow, by also taking into consideration the enrollment size of the city or county public school systems in the state senate district of the student applicant.(13) Work with the Alabama Department of Education to assist teachers, administrators, and superintendents across the state to extend elements of the school's curriculum and other offerings to schools and programs across Alabama. Assistance shall include, but not be limited to, workshops, career conversations, and fostering communities of practice in the areas of healthcare sciences.(14) Adopt rules and regulations to provide for the evaluation of any applicant who has not been evaluated but who satisfies all other criteria for participation in the program.(d) A majority of actively serving members of the board of trustees shall constitute a quorum for the transaction of business, and all official action of the board of trustees shall require the favorable vote of a majority of those members present and voting. Members may participate by means of telephone conference, video conference, or by similar communications equipment so that all individuals participating in the meeting may hear each other at the same time. Participation by these means shall constitute presence in person at a meeting for all purposes, including the establishment of a quorum.(e) Members of the board of trustees shall be compensated for all actual vouchered expenses incurred in the performance of their duties and functions as required by this act. Expenses shall be paid by the president of school from funds appropriated therefor by the Legislature and upon the warrant of the board of trustees.(f) The board of trustees shall serve as the local educational agency for the school.Ala. Code § 16-26E-5 (1975)
Added by Act 2024-192,§ 5, eff. 8/1/2024.