House passes legislation making changes to the public charter schools statute
On Thursday, the Alabama House of Representatives passed legislation making several changes to the Alabama Public School Charter Commission. House Bill 363 (HB363) is sponsored by State Representative Terri Collins. The Alabama School Choice and Student Opportunity Act changes the appointment process for the Alabama Public Charter School Commission; authorizes the Commission to hire staff; requires commissioners to receive annual training; provides additional guidelines for the authorizing and application review process; provides further for the operational and categorical funding of public charter schools in their first year of operation; and clarifies the per pupil federal, state, and local funding of conversion public charter schools during their first year of operation. “All charter schools are public schools,” explained Rep. Collins. “We have three conversion schools in Montgomery, Mobile, west Alabama, Birmingham has a few, Fairfield, and there are a couple more in Montgomery.” “A public system could choose to make a starter school,” Collins stated. “If they have a specific need, they can do it through the charter process.” Collins explained how a public system can convert a failing public school to a charter public school through the formal conversion process. Rep. Tracy Estes thanked Collins for bringing the bill and the hard work in crafting the substitute. The House voted to adopt the negotiated substitute version of the bill to address issues that some members had with the original legislation in a 88 to 13 vote. Rep. Mark Gidley said, “I want to express my appreciation for how you have worked hard on this.” Rep. Jamie Kiel brought an amendment that would restore the local school board as an authorizer. An earlier version of the bill removed that. This amendment was ratified. “I appreciate you working with all of the parties on this,” Kiel said to Collins. Rep. Barbara Boyd said, “I want to thank you for where you have gone and for working with all of the parties, but I would still have preferred magnet schools because those are set aside for specific purposes. I am going to have to vote no today.” “They have to be nonprofit,” Collins said of charter schools. “They can’t be a for-profit. They have to have local support.” Rep. Laura Hall said, “African American boys have a great need, particularly between K and 3irth grade.” Hall said that she had visited the new aviation-focused charter school in Fairfield. “I have been there,” Collins said. “What they are doing is very exciting.” Collins said that students there can work on actual planes and “learn takeoff and landing through a simulator.” Hall said, “The dollars that the system has used sound like they are very well used.” Collins said, “They do everything that a public school does. They do ACAP. They give grades.” Collins said that members of the Commission would be appointed by the governor, the lieutenant governor, the Speaker of the House, the Senate Pro Tem, the House Minority Leader, and the Senate Minority Leader. “They look at applications, and they approve or disapprove,” Collin said of the Commission. “This extends their term from two years to four years.” Rep. TaShina Morris suggested changing the bill so that the state superintendent of education hires the Commission staff. Collins said, “No, we want the commission to choose their own employees.” Rep. Mary Moore said, “I don’t think the state of Alabama can support multiple forms of public schools with one pot of money for education.” Moore complained that the local school board can deny a charter application and “the state of Alabama will go ahead and authorize them to be a charter school when they know they are deficient.” Moore attacked the performance of charter schools. “They (students) are coming back to public schools, and they are not able to do the work,” Moore said. “They are not doing their due diligence. They are not hiring proper teachers. They have teachers that don’t even know how to set up a proper classroom.” Collins replied, “They all have a long waiting list to get in. I don’t know of any who are coming back.” Moore said, “They are taking dollars from the public schools, and they are hurting public schools because they are taking resources.” Collins said, “Charter schools are public schools.” The Alabama House passed HB363 in a 76 to 25 vote. The legislation now goes to the Senate for their consideration. Thursday was day 20 of the 2023 Alabama Regular Legislative Session. The House convenes at 1:00 p.m. on Tuesday. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Bill to prevent China from buying Alabama real estate passes House
On Tuesday, the Alabama House of Representatives passed legislation that would forbid Chinese citizens, Chinese businesses and corporations, and the Chinese Communist Party and government from being able to purchase land and other real property in the state of Alabama. House Bill 379 (HB379) is sponsored by House Majority Leader Scott Stadthagen. Stadthagen said, “They are the biggest threat to us.” The synopsis states, “Under existing law, an alien, whether resident or nonresident, may own, hold, or dispose of real property with the same rights as a native citizen. This bill would prohibit Chinese citizens, the Chinese government, or Chinese entities from acquiring title to real property in the state.” State Representative Mary Moore said they were not a problem until Ronald Reagan. “When President Reagan started encouraging our companies to go overseas,” Moore said. “That accounts for a lot of poverty, especially in southern Alabama and eastern Alabama because they were clothing manufacturers.” “The problem is bigger than the state of Alabama,” Moore said. “President Reagan loved China, and they became a superpower.” Stadthagen explained that if his bill passes, “They can’t purchase property in Alabama.” Rep. Jamie Kiel said, “Your bill protects the state from the communist Chinese.” “My district was also impacted by the great sucking sound of jobs leaving the country that Ross Perot talked about, and that was under President [Bill] Clinton in 1994 with NAFTA,” Kiel said. “President [Barack] Obama said that the relationship between the U.S. and China was the most important bilateral relationship in the world.” “Whoever started it, it is time to stop it, and I appreciate the bill,” Kiel said. Rep. Tracy Estes said, “For those who may think that the Chinese are not the greatest threat to this country, don’t be fooled.” Rep. Napoleon Bracy asked, “What prompted this?” Stadthagen explained, “In the last year, the Chinese have purchased over six billion dollars’ worth of property.” “This is a protection bill,” Stadthagen said. “I know of several real estate contracts that are in progress.” Bracy asked, “What if they are already here?” “Then they are already here,” Stadthagen answered. “What if they wanted to expand?” Bracy asked. “Then they have to get a citizen or a dual citizen to purchase that property, and they can lease it from them,” Stadthagen answered. Bracy asked, “Could this hurt the economy?” Stadthagen said that it had not in the other states that have done this, but admitted, “This is something that is fairly new.” Stadthagen said, “The Department of Commerce wants to talk to me about it before it goes upstairs to the Senate.” Bracy said that a Chinese corporation had bought piston engine manufacturer Continental Motors. “Continental is in Mobile,” Bracy said. “Are they the enemy? They are providing jobs to our citizens. They are providing over 300 jobs.” “If Continental Motors decides to leave and those 300 jobs and their $75 million investment leaves with them, then we are impacting a lot more people than what this was designed to impact,” Bracy said. Rep. Tim Wadsworth expressed concerns that the way this was written would also apply to Taiwan. “Taiwan is not a part of it,” Stadthagen said. “About 90% of the semiconductor chips in this country are made in Taiwan,” Wadsworth said. “China and the U.S. actually consider Taiwan to be one country as part of the one-China policy.” Rep. Sam Jones said, “Continental Motors was a U.S. Company that sold out to China. They have been in Mobile for over 50 years.” Jones said he had been on several international job recruiting trips as the Mayor of Mobile. “We weren’t recruiting politics – we were recruiting jobs and companies,” Jones said. “Do I support the communism in China? No, I don’t, but we are a world economy.” Stadthagen said, “Do you know how many acres of land are owned by other countries? 1.4 million acres in Alabama are owned by foreign countries.” Jones said, “Alabama exports surged to over $25 billion last year. Our two largest trading partners are Germany and China.” “We don’t handle foreign policy,” Jones said. “That is not what we do here. You don’t know the facts because you have never spent any time recruiting industries.” “We watch Florida and pass everything that they do down there,” Jones said. “I am surprised that we have not passed anything about Mickey Mouse yet. We follow Florida, but we aren’t Florida.” Rep. Neil Rafferty asked about Chinese people that have moved here seeking asylum. “They can lease a house or property while they work on their citizenship,” Stadthagen answered. Rafferty asked, “Why don’t we do this for Vietnam or Laos? They are communist.” “They are not a threat to us,” Stadthagen answered. Rafferty asked, “What other countries would you do this with? “North Korea and Iran,” Stadthagen answered. Rep. John Rogers said, “The federal government is the one who ought to be pulling the trigger on China.” “If China were to stop exporting all the stuff they make for us, we would be in a world of hurt,” Rogers said. “This concerns me because it seems to single out one particular race. I like Chinese food.” Rogers asked, “If China called in our debt, can we pay it?” Stadthagen answered, “We can’t.” Rogers said, “Can you imagine if we had a war with China? We will have to draft you.” Rep. Barbara Drummond said, “I am here standing for Mobile. Brookley is in my district, so I have seen this business grow. I have seen Brookley take off. They are contributing to our local economy. They are contributing to the Alabama economy. I know China is a communist country, and I know how they treat women, and I don’t like that.” Drummond said, “Our Chamber has red-flagged this for us and said that this is going to hurt.” Rep. Ben Robbins offered an amendment addressing members’ concerns. The amendment exempted companies already operating in the state and Taiwan from the legislation. Stadthagen accepted the amendment as friendly, and it was adopted in a 100 to 0 vote. SB379 passed the House in a
Ten more pre-filed bills to watch
Last week, Alabama Today looked ahead at the coming 2023 Alabama Regular Legislative Session. We looked at ten of the more interesting of the 36 bills that had been pre-filed at that time. Since then, 22 more bills have been pre-filed by legislators. As more bills have been pre-filed, we look at ten more bills that could become law this year. House Bill 34 was introduced by Rep. Tracy Estes (R-Winfield). HB34 would provide that it is unlawful to discharge a firearm on school property. Under existing law, it is already unlawful to discharge a firearm into an occupied or unoccupied school building. This bill would make a person who shoots or discharges a firearm into an occupied school bus or school building guilty of a Class B felony. A person who shoots or discharges a firearm into an unoccupied school bus or school building shall be guilty of a Class C felony. House Bill 40 was introduced by Rep. Jim Hill (R-Odenville). Under existing law, retired justices and judges may be called to active duty status and are compensated for their service. This bill would provide that retired justices and judges receive per diem, mileage, and be provided court-supportive personnel. This bill would require retired justices and judges to complete at least six hours of approved continuing legal education annually. House Bill 31 was sponsored by Rep. Artis “A.J. McCampbell (D-Livingston). Under existing law, a public K-12 school or school district determined to have poor performance is labeled by the State Superintendent of Education as failing to make adequate progress or as a failing school under the school grading system. Also, under existing law, the Alabama Accountability Act of 2013 provides financial assistance through an income tax credit to a parent who transfers a student from a failing public school to a nonfailing public school or nonpublic school of the parent’s choice. HB31 would change the designation of a failing school to a fully supported school and the designation of a nonfailing school to a non-fully supported school for the purposes of school grading and the Alabama Accountability Act of 2013 and would require the State Board of Education to reflect those changes in terminology when amending or adopting rules. House Bill 43 is sponsored by State Rep. Pebblin Warren (D-Tuskegee). Under existing law, a child six years of age on or before December 31 is entitled to admission to the first grade in public elementary schools, and a child five years of age on or before September 1 is entitled to admission to the local public-school kindergarten. HB43 would allow a child who becomes six years of age between September 1 and December 31 to be admitted to the first grade as long as they have completed kindergarten or otherwise demonstrates first-grade readiness. This mandatory kindergarten bill has passed the House of Representatives in the past two years but failed in the Senate. This bill would also allow a child under five years of age on September 1 to be admitted to public kindergarten under certain circumstances. House Bill 46 is sponsored by Rep. Allen Treadaway (R-Morris). This bill would permit any individual retired under the Employees’ Retirement System, who was classified as a law enforcement officer, to perform duties as a school resource officer without suspension of his or her retirement allowance. House Bill 36 was sponsored by Rep. Terri Collins (R-Decatur). Under existing law, the Solid Waste and Recyclable Materials Management Act regulates the disposal and recycling of solid waste and recyclable materials. This bill would define “advanced recycling” as a manufacturing process to convert post-use materials such as plastics into recycled products. This bill would specify that advanced recycling at an advanced recycling facility would not be considered solid waste disposal or incineration under the solid waste act. Term in the definition of solid waste. This bill would also define “mill scale and slag” and include the term in the definition of solid waste. House Bill 38 was also sponsored by Rep. Hill. Under existing law, a judge must sentence an offender convicted of a nonviolent offense pursuant to the presumptive sentencing standards. This bill will allow a judge to deviate from the presumptive sentencing guidelines if a defendant is convicted after requesting a trial. House Bill 28 is sponsored by Rep. Chris England (D-Tuscaloosa). Under existing law, persons with a lawful pistol permit may possess their gun on school property. This bill would remove this exemption so that even a person with a concealed carry permit may not carry a gun on school grounds. House Bill 45 is sponsored by Rep. Jeremy Gray (D-Opelika). This bill would create the Sudden Cardiac Arrest Prevention Act. It would require the State Board of Education to adopt certain guidelines to inform and educate student-athletes, parents, and coaches about the signs and symptoms of sudden cardiac arrest. This bill would require each student-athlete and his or her parent or guardian to provide written acknowledgment of receipt of information about sudden cardiac arrest before the student may participate in any athletic activity. HB45 would require a student who passes out, faints, or exhibits symptoms of sudden cardiac arrest to be pulled from the athletic activity and would prohibit the student from returning to the athletic activity until an appropriate medical professional provides written clearance for their return. This bill would require each coach of an athletic activity to receive annual training relating to sudden cardiac arrest and would provide that a coach may be suspended if he or she does not complete the necessary training or if he or she fails to pull a student from an athletic activity for fainting or exhibiting symptoms of sudden cardiac arrest. This bill would protect a coach from liability related to a student who exhibits symptoms of sudden cardiac arrest unless the coach is reckless or grossly negligent. House Bill 25 was introduced by Rep. Parker Moore (R-Decatur). Under existing law, when an offender has previously been convicted of any three or more felonies or has been previously convicted of two or more Class A or Class B felonies and subsequently commits a Class D felony, he or she is sentenced as if he or
Steve Flowers: Incumbency prevails in 2022 State House races
Folks, believe it or not, we are closing in on six months before next year’s election year. The primary election is set for May 24, 2022. In Alabama, all our major constitutional officers are on the ballot next year. The governor’s office is the premier race in the state, and that coveted and powerful post is set for its four-year quadrennial run. Therefore, this big political year is referred to as the gubernatorial year. Those of us who follow Alabama politics have been salivating with anticipation for a cavalcade of great races. However, the power of incumbency has devasted the big year into a yawn. All the major state offices are held by popular incumbents, who are either running unopposed or have minimal opposition. The consolation prize was that there would be the legislative races. After all, this is where the real power in the state rests. You can simply look at where the special interest and PAC money is spent to verify that fact. However, the omnipotent power of incumbency has also encroached on those races. The Alabama House of Representatives has 105 members. There are 77 Republicans and 28 Democrats. The large majority of incumbents are running for reelection – both Republicans and Democrats. The overwhelming majority of these incumbents will have no opposition. However, in the House, there will be some major changes in leadership because of retirement or moving on to new posts. Speaker of the House Mac McCutcheon is not running for reelection. This has created an interesting and spirited race within the Republican Caucus ranks for Speaker. In addition, Victor Gaston of Mobile, who is Speaker Pro Tem, is also retiring. Bill Poole of Tuscaloosa, who chaired the powerful House Ways and Means Education Budget Committee, has left the House to be the State Finance Director. House Rules Committee Chairman Mike Jones of Andalusia is running for the open Senate seat of retiring Senator Jimmy Holley. Two of the freshman House members are running for statewide office. Wes Allen of Troy is running for Secretary of State, and Andrew Sorrell of Tuscumbia is running for State Auditor. In addition, Connie Rowe of Jasper is leaving the House to become an administrative assistant to Lt. Gov. Will Ainsworth. Some of the veteran House members who are choosing to hang up their legislative cleats include Howard Sanderford of Huntsville, Mike Ball of Huntsville, K.L. Brown of Jacksonville, Kerry Rich of Marshall, Allen Farley of Jefferson, Harry Shiver of Baldwin, Mike Holmes of Elmore, and Becky Nordgren of Etowah. The most noteworthy retiree may be Representative Steve McMillan of Baldwin County, who is retiring after serving close to 43 years in the House. Steve has been a quiet yet very effective voice for the people of Baldwin County. They all will be missed. Some of the high profile and powerful members of the House, who will return for another four years with no or token opposition, are Steve Clouse of Ozark, Nathaniel Ledbetter of Dekalb County, and Danny Garrett, Jim Carns, David Wheeler, and David Faulkner of Jefferson. Danny Garrett has ascended to Chairman of the House Ways and Means Education. Other leaders returning are Chris Pringle, Reed Ingram, Randall Shedd, Tracy Estes, Chris Sells, David Standridge, Ginny Shaver, Jim Hill, Alan Baker, Joe Lovvorn, Chris Blackshear, Kyle South, Paul Lee, Jeff Sorrells, Rhett Marques, Steve Hurst, Joe Faust, and Margie Wilcox. The Democratic leadership will remain intact. There is an illustrious array of House Democratic leaders, including Anthony Daniels, Chris England, Laura Hall, Peb Warren, Barbara Boyd, A.J. McCampbell, Berry Forte, Dexter Grimsley, Thomas Jackson, Kevin Lawrence, Mary Moore, Juandalynn Givan, and veteran John Rogers. Two of the Democratic House veterans from Jefferson County, Louise Alexander and Merika Coleman, are both running for an open Jefferson County Senate Seat, leaving both their House seats up for grabs. There may be an increase in the number of females in the House of Representatives. It has already begun with the election of Cynthia Almond of Tuscaloosa, who was elected without opposition to replace Bill Poole. In addition, Patrice Penni McClammy won the Montgomery District 76 seat of her late father, Thad McClammy. She won with no opposition. See you next week. Steve Flowers is Alabama’s leading political columnist. His weekly column appears in over 60 Alabama papers. He served 16 years in the state legislature. Steve may be reached at www.steveflowers.us.
