Beruflich Dokumente
Kultur Dokumente
ELECTRONICALLY FILED
2/15/2019 4:31 PM
05-CV-2019-900207.00
CIRCUIT COURT OF
BALDWIN COUNTY, ALABAMA
JODY L. WISE, CLERK
IN THE CIRCUIT COURT OF BALDWIN COUNTY, ALABAMA
COMPLAINT
(hereinafter "Baldwin County Board of Education"), for its Complaint against Defendants ERIC
CITY BOARD OF EDUCATION (hereinafter "Gulf Shores City Board"), and the
follows:
6-6-222, et. seq., as amended and Rule 57 of the Alabama Rules of Civil Procedure;
5. Any other relief to which the Plaintiff may be entitled under the laws of the
State of Alabama.
PARTIES
body politic of the State of Alabama, with its principal place of business in Baldwin County,
Alabama.
7. Mackey is over the age of nineteen (19) years of age and serves as the State
Superintendent of Education. In said role, Mackey serves as the Secretary and Executive
Officer of the Alabama State Board of Education, the governing body of the Alabama State
Department of Education, an agency of the State of Alabama, with its principal place of
8. The Gulf Shores City Board is a city board of education, a body politic of the
State of Alabama, with its principal place ofbusiness in Gulf Shores, Alabama.
9. Baldwin County, Alabama is a county organized and existing under the laws
of the State of Alabama, Alabama Code (1975) § 11-1-1 et. seq., and the Baldwin County
Commission exists under the laws of the State of Alabama with its principal place of
County, Alabama in accordance with applicable state law. The Baldwin County
Commission is joined in this action as a necessary party for just adjudication of this matter;
however, no claims are asserted against the Baldwin County Commission other than Count
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II.
10. The Baldwin County Board of Education seeks, among other things,
declaratory, injunctive, and equitable relief. This Honorable Court possesses and is entitled
to exercise jurisdiction over the subject matter of this action pursuant to§§ 6-6-223, 12-11-
11. Pursuant to§§ 6-3-2 and 6-3-6 ofthe Code of Alabama (1975) and Rule 82 of
the Alabama Rules of Civil Procedure, venue is proper in Baldwin County, Alabama.
FACTS
12. The case and controversy submitted to the Court in this matter pertain to the
separation of the Gulf Shores City School System from the Baldwin County Public School
System.
13. On October 9, 2017 the Gulf Shores City Council unilaterally voted to form a city
school system. Interestingly, this decision was not submitted to the citizens of Gulf Shores for
their approval. Plaintiff has never disputed the validity of the formation of this City School
System.
14. On December 4, 2017, the first Gulf Shores City Board of Education members
15. Shortly afterwards, representatives from both school systems began negotiations
16. Initially, Gulf Shores insisted upon July 1, 2018 separation date which was
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17. As a result of an impasse regarding the separation date, the then-Interim State
Superintendent, Dr. Ed Richardson, requested that the parties meet with him on March 13, 2018
in Montgomery, Alabama.
18. On April 20, 2018, Dr. Richardson issued a decision which stated that the start of
the Gulf Shores School System would be the 2019/2020 school year.
19. On July 25, 2018, at the request of the current State Superintendent of Education,
Dr. Eric Mackey, the parties again met in Montgomery. At that time, Mackey informed the
parties that he had retained the law firm of Adams & Reese LLP, to act as facilitators to assist the
20. The parties met with attorneys Mark Gaines and Anna Davis of Adams & Reese
21. Through counsel, the Baldwin County Board of Education requested an additional
22. On October 8, 2018, the parties received a communication from Mr. Gaines
urging the parties to: "make a deal." In particular, his communication stated as follows: "If you
end up leaving all the issues to the State Superintendent you can almost guarantee that there will
23. At the request ofDr. Mackey, the parties met with him on December 14,2018.
24. On December 20, 2018, Dr. Mackey sent the respective superintendents his
"Preliminary Decision Related to the Separation Issues Between the Gulf Shores Board of
Education and the Baldwin County Board of Education." (hereinafter "Preliminary Decision"
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both Superintendents to: "make any and all efforts necessary to complete the final agreement on
26. On January 17, 2019, the Baldwin County Board of Education objected to the
Preliminary Decision and declined to sign the separation agreement for a variety of reasons,
including but not limited to the fact that Mackey's demands were inconsistent, in many respects,
27. On February 5, 2019, Mackey issued a final decision related to the separation
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30. Mackey has apparently attempted to clarify this portion of his Decision. If any
action is instituted by the Mackey against the Baldwin County Superintendent of Education,
however, the Baldwin County Board of Education will promptly seek a temporary restraining
COUNT I
DECLARATORY JUDGMENT
32. There exists a justiciable controversy between the Baldwin County Board of
Education and the Defendants concerning the date upon which the Gulf Shores City Board
33. This Court has jurisdiction of this Count under the laws of the State of
Alabama.
34. As stated above, on February 5, 2019, the State Superintendent issued his
Decision in connection with the separation of the Gulf Shores City school system from the
35. The State Superintendent includes therein, provisions purporting to order that
the State Department of Education will "divide the Foundation Program allocation to
Baldwin County and will apportion and pay over to the [Gulf Shores] City Board, as the
City Board's share for that month, an amount determined by the SDE with reference to an
equivalent number of certified positions based on Fiscal Year 2019-2020 ADM calculations
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3 7. Employee contract periods run from September 1 through August 31, a school
calendar year. Foundation Program Funds are distributed beginning on October 1 through
September 30, a fiscal calendar year. Thus, the Baldwin County Board of Education has
acknowledged that it is responsible for paying all current Gulf Shores employees through
the end of their 2018-2019 contract period (for 9-month employees, that period ends on
38. It cannot be disputed that the Gulf Shores City Board is responsible for its
own payroll obligations for the 2019-2020 school contract year, which for 9-month
employees will begin on September 1, 2019 and end on August 31, 2020. Mackey's
decision orders the Baldwin County Board of Education to agree to provide a portion of its
already allocated Foundation Program Funds to the Gulf Shores City Board for the month of
September, 2019. In other words, the State Superintendent's decision orders the Baldwin
County Board of Education to pay a portion of the Gulf Shores City Board's payroll
39. Alabama law specifically directs that money from the Foundation Program
Fund be paid to local boards of education each month in amounts determined solely by the
Alabama Legislature.
(now codified as Sections 16-13-230 and 16-13-231 of the Code of Alabama (1975), the
Alabama Legislature has established the Foundation Program Fund as a fund for the public
schools of the State and has specifically provided for the apportionment and payment of
public school money from the Fund to those local boards of education which meet the
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(a) The Alabama Legislature shall find and determine the cost of the
Foundation Program on a school-by-school, and fiscal year, basis (Section
16-13-231(b)(2));
(b) The funds available to meet the cost of the Foundation Program shall be
appropriated by the Alabama Legislature taking into consideration an
amount of local effort required on the part of each local board of education
(Section 16-13-231 (b )(3)(a);
(c) The amount for each school shall be paid monthly to the local board of
education having jurisdiction over such school (Section 16-13-
231 (b)(3 )(b)); and
(d) The local board of education shall allocate funds from the Foundation
Program Fund to each school in an equitable manner and as provided by
law, and shall report such allocations annually to the State Board of
Education (Section 16-13-231 (b)( 1)(d)).
41. The State Superintendent of Education is required by law to make the annual
apportionment of school funds to the local boards of education as provided in Title 16 of the
42. The State Board of Education, and the State Superintendent of Education,
(a) determine the cost of the Foundation Program for any school, or
(b) determine the amount of any funds from the Foundation Program Fund to
be apportioned and paid to a local board of education, or
(c) direct the allocation of the funds received by a local board of education
from the Foundation Program Fund.
43. Under Section 16-13-23l(b)(2)(e) of the Code of Alabama, the State Board of
Education may cause studies to be made of current expenses of local boards of education and
propose changes based thereupon to the Governor and the Alabama Legislature, but the Alabama
Legislature has made specific provision for the apportionment and payment of funds from the
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the Justices, 160 So.2d 648, the general authority of the State Superintendent of Education to
decide controversies and disputes involving the proper administration of the public schools under
Section 16-4-4 of the Code of Alabama (1975) does not include the authority to exercise the
power to make or revise the apportionment of funds from the Foundation Program Fund to a
local board of education, as made by the Alabama Legislature for a fiscal year, which power the
Legislature has specifically reserved unto itself for the benefit of local boards of education.
45. In regards to a city school splitting from a county school system, the State
Department of Education, by letter dated June 12, 2000, has previously found that a "school year
is July 1 through June 30, and the State fiscal year is October 1 through September 30. A new
school system does not receive a monthly Foundation Program payment until the end of October.
The city would most likely need to provide funds for salaries and school operations from July
through September, as well as any cost prior to July 1." See Letter to Eugene, attached as
Exhibit 3.
46. The foregoing is further evidenced by the letter of Thomas R. Bice, State
Superintendent of Education, dated February 6, 2015, providing: "By creating a separate school
system, the Gardendale City Board assumed the obligation of paying the salaries and benefits of
its employees, and it is not entitled to any portion of 2015 Foundation Program funds paid to the
4 7. Every school system in Alabama must locally fund all state earned payroll
obligations until Foundation Program funds are available during the October 1 fiscal year.
Generally accepted accounting principles (GAAP) require all school systems to record a payroll
salary liability as of September 30 until those funds are legally available in October. At the time
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of its decision to split, the Gulf Shores City School was well aware that start-up funds from the
City would be required and that, as a new school system, it would not receive a monthly
48. By way of example, as a direct result of the split, the Baldwin County Board of
Education will be required to create a new 7th - 1Oth grade facility with substantial start-up
costs, including covering the September payroll obligations for the 40 additional countywide
teacher units based on growth. No one is covering the large start-up cost and September payroll
Under the State Superintendent's directive, the Baldwin County Board of Education will
be forced to cover its own September payroll obligations as well as front the start-up cost for the
Gulf Shores City Board's payroll obligations for the 2019-2020 school calendar contract period.
49. Accordingly, the Plaintiff asserts that it is not equitable and in contravention of
applicable law for the State Superintendent to order that any portion of the Baldwin County
Board of Education's Foundation Program funds through the end of the current fiscal year,
ending September 30, 20 19, or the Baldwin County Board of Education pay for the Gulf Shores
City Board's September payroll out of Foundation funds. Such amounts are determined solely
50. A justiciable controversy exists between the Plaintiff and the Gulf Shores City
Board concerning whether the Gulf Shores City Board is entitled to any portion of Foundation
51. A justiciable controversy exists between the Plaintiff and the State Superintendent
concerning the laws of the State of Alabama, including, but not limited to, §§ 16-13-230, 16-13-
231, and 16-4-4, and whether the State Superintendent has any authority to exercise the power to
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make or revise the apportionment of funds from the Foundation Program Fund to a local board of
52. A justiciable controversy exists between the Plaintiff and the State Superintendent
as to whether he has the power and authority to direct Foundation Program Funds be distributed
in the manner described in his final decision, and whether his conduct is without legal authority
53. This Honorable Court possesses jurisdiction under the laws of the State of
Alabama to issue a respect to the rights privileges and entitlements of the parties relative to the
provisions of§§ 16-13-230, 16-13-231 and 16-4-4 of the Code of Alabama (1975).
and privileges of the Plaintiff under §§ 16-13-230, 16-13-231, and 16-4-4 of the Code of
Alabama (1975) and grant any additional and further relief that the Plaintiff may be entitled to in
(d) A specific declaration that the Alabama Legislature constitutes the sole
government entity authorized under§§ 16-13-230 and 16-13-231 to make
or revise the apportionment of funds from the Foundation Program Fund
for the benefit of local boards of education;
(t) A specific declaration that the State Superintendent lacks the power and
authority under § 16-4-4 to direct the apportionment of Foundation
Program Funds set out in his final decision, which is contrary to§§ 16-13-
230 and 16-13-231; and/or other established Alabama law(s); and
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(g) Any and all further and different relief to which the Plaintiffs maybe
entitled to in this cause.
COUNT II
DECLARATORY JUDGMENT
54. The Plaintiff hereby adopts and incorporates by reference Paragraphs 1 through
55. There exists a justiciable controversy between the Baldwin County Board of
Education and the Defendants concerning the date upon which certain sales, use and privilege
tax revenue is due to be apportioned between the Baldwin County Board of Education and the
56. This Court has jurisdiction of this Count under the laws of the State of Alabama.
57. On or about February 5, 2019, the State Superintendent issued his Decision in
connection with the separation of the Gulf Shores City school system froni the Baldwin County
Board of Education.
58. The State Superintendent includes therein, provisions purporting to govern the
date upon which certain sales, use and privilege tax revenues in Baldwin County are to be
apportioned between the Baldwin County Board of Education and the Gulf Shores City Board.
59. The taxes at issue are: (a) the countywide one-half percent sales and use tax levied
by the Baldwin County Commission on December 20, 1988; (b) the countywide one-half percent
sales and use tax levied by the Baldwin County Commission on June 6, 1991; and (c) the
countywide one percent sales and use tax levied by the Baldwin County Commission by
60. Specifically, the State Superintendent has purported to order the allocation,
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apportionment, and distribution of a portion of the Sales Tax beginning on June 1, 2019.
62. Alabama Code (1975) § 40-12-4 grants the governing body of each county the
authority to levy sales tax for school purposes. Specifically, it states, in part, that "[i]n all
counties having more than one local board of education, revenues collected under the provisions
of this section shall be distributed within such county on the same basis of the total calculated
costs for the Foundation Program for those local boards of education within the county."
63. The Foundation Program funds from which the calculated costs are figured, as
well as the date of participation, are linked directly to the October 1 through September 30 fiscal
year.
64. By way of background, the Foundation Program was established by Act No. 95-
314 ofthe1995 Regular Session of the Alabama Legislature ("Act No. 95-314") to implement a
comprehensive program for the annual funding of the local public schools of the State.
65. The related provisions of Act No. 95-314 provide a coherent statutory framework
for the operation of the accounting and budgetary systems of local boards of education on the
basis of a "fiscal year" beginning each October 1 and ending on the next succeeding September
30, and provide for the apportionment of countywide school taxes on October 1 for the purposes
of the Foundation Program for the fiscal year beginning on such date:
(a) Section 2 of Act No. 95-314 (codified as Section 16-13-231 of the Code of
Alabama (1975)) establishes the Foundation Program;
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(c) Section 51 of Act No. 95-314 (codified as Section 40-12-4 of the Code of
Alabama (1975)) requires proceeds of the countywide privilege license
taxes levied thereunder to be distributed to the local boards of education in
a county on the same basis as of the total calculated costs of the
Foundation Program.
66. In accordance with the above, Alabama law directly addresses the division of
taxes solely based on the fiscal year, not on the date of separation of two school systems.
consistent with the fiscal year basis for the financial operation of local boards of education
established by Act No. 95-314, the historic and uniform practice in the State for apportionment
of countywide school taxes, and the standard accounting and budgetary systems established by
law for local boards of education in the State under Article 7 of Chapter 13 of Title 11 of the
apportionment of countywide taxes collected for the purposes of participation in the Foundation
Program as determined in Section 16-13-31 (b) shall be used unless the local boards of education
in a county sign a mutual agreement and secure the approval of the State Superintendent of
69. Thus, the only limited exception to the fiscal year distribution would be based
upon a mutual agreement between both boards of education along with the State
Superintendent's approval, which currently does not exist and cannot be ordered by the State
Superintendent.
70. Additionally, under Alabama Code (1975) § 16-13-1, the "fiscal year" of every
board of education "shall begin on October 1 and end September 30," and the State Department
of Education, by letter dated June 12, 2000, has found that "a new school system would require
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start-up funds from the city. The school year is July 1 through June 30, and the State fiscal year
is October 1 through September 30. A new school system does not receive a monthly
Foundation Program payment until the end of October. The city would most likely need to
provide funds for salaries and school operations from July through September, as well as any
71. Finally, the Baldwin County Board of Education has pledged the Sales Tax for
local debt obligations through the end of the current fiscal year, being September 30, 2019. The
debt obligations are directly aligned with the Gulf Shores City Board's debt assumptions, which
72. The division of local countywide taxes within a time frame that does not correlate
with the assumption of capital debt would be a reportable item to all nationwide credit agencies
and holders of Baldwin County Board of Education bonds. This act has the potential to result in
an adverse credit rating for the Baldwin County Board of Education, which can negatively
impact future debt issuances. Accordingly, the Plaintiff asserts that it is not equitable or in
accordance with applicable law for the State Superintendent to order for the division of local
taxes to start on June 1, 2019, when the obligations of over $10 million in principal and interest
payments is not assumed by the Gulf Shores City Board until October 1, 2019.
73. The Plaintiff avers that Alabama Code (1975) §§ 16-13-31(b) and 40-12-4
contemplate distributing tax revenues only to the local boards of education in accordance with
the fiscal year, absent an agreement between both school systems. In addition, there is no
applicable authority which separates countywide taxes on any other basis other than the fiscal
year.
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74. The Plaintiff avers that the apportionment of countywide school taxes on any date
or dates in advance of the beginning of a fiscal year on October 1, in connection with the
establishment of a local board of education within the jurisdiction of an existing local board of
education:
(b) is inconsistent with the provisions and purposes of Act No. 95-314, which
established the Foundation Program as part of a comprehensive program
for the annual funding of the local public schools of the State;
collector/revenue commissioner in each county can be made in accordance with Section 2 of Act
No. 95-314 (codified as Section 16-13-3l(b) of the Code of Alabama (1975)) only if such
apportionment is made:
(a) pursuant to the same formula, being the total calculated costs of the
Foundation Program; and
(b) at the same time, as of October 1 in each year, being the beginning of the
applicable fiscal year. The Plaintiff avers that a failure to file this action
will result in the improper diversion of funds to the Gulf Shores City
Board.
76. A justiciable controversy exists between the Plaintiff and the Baldwin County
Commission concerning the laws of the State of Alabama, including whether the County
Commission has a legal duty under § 16-13-31 (b) to distribute the countywide Sales Tax levied
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and collected for the benefit of the Baldwin County Board of Education for the 2018-2019 fiscal
year in the manner dictated by the State Superintendent, to include distribution of the Sales Tax
pursuant to Section 40-12-4 to the Gulf Shores City Board beginning on June 1, 2019, or
whether the County Commission should distribute the Sales Tax revenues to the local school
77. A justiciable controversy exists between the Plaintiff and the Gulf Shores City
Board concerning the proper date for apportionment of the Sales Tax.
78. A justiciable controversy exists between the Plaintiff and the State Superintendent
concerning the laws of the State of Alabama, specifically §§ 16-13-31 (b), 40-12-4, and whether
such distributions and divisions must be made based solely on the fiscal year, absent an
79. A justiciable controversy exists between the Plaintiff and the State Superintendent
as to whether he has the power and authority to direct Sales Tax revenues be distributed in the
manner described in his final decision, and whether his conduct is without legal authority and
80. This Honorable Court possesses jurisdiction under the laws of the State of
Alabama to issue a respect to the rights privileges and entitlements of the parties relative to the
respectfully move this Honorable Court to ender a declaratory judgment relative to the rights and
privileges of the Plaintiff under§§ 16-13-31 and 40-12-4 ofthe Code of Alabama (1975) and
grant any additional and further relief that the Plaintiff may be entitled to in this cause, including,
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(a) A specific declaration that§§ 16-13-31 and 40-12-4 do not allow diverting
Baldwin County, Alabama tax revenues to the Gulf Shores City Board,
prior to October 1, 2019;
(f) A specific declaration that the State Superintendent lacks the power and
authority to direct the distribution of tax revenues in the manner set out in
his Decision, which is contrary to §§ 16-13-31 & 40-12-4; and/or other
established Alabama law(s);
(g) Injunctive relief on "behalf of the Plaintiff Ordering that the Baldwin
County Commission shall hold all funds designated for the Gulf Shores
City Board in escrow until such time as this controversy can be resolved
either by agreement of the parties or by further Order of this Honorable
Court; and
(h) Any and all further and different relief to which the Plaintiffs maybe
entitled to in this cause.
COUNT III
DECLARATORY JUDGMENT
81. The Plaintiff hereby adopts and incorporates by reference Paragraphs 1 through
82. On or about February 5, 2019, the State Superintendent issued his Decision in
connection with the separation of the Gulf Shores City school system from the Baldwin County
Board of Education.
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83. The State Superintendent includes therein provisions purporting to govern the
(b) Certain County Students may participate in the Naval JROTC program
located at Gulf Shores High School;
(c) All eleventh and twelfth grade students residing in the Gulf Shores Feeder
Patterns during the 2019-2021 school years shall attend Gulf Shores High
School until their graduation or completion of their public school
educational program;
(d) All rising 1Oth grade Baldwin County Students currently residing in the
Gulf Shores Feeder Pattern shall choose whether to attend Gulf Shores
through their graduation; and
(e) Any rising 1Oth grade Baldwin County Student who wishes to attend the
Gulf Shores Schools had to declare their intent to attend by February 1,
2019, subsequently extended by the State Superintendent to March 1, 2019
or such student shall be considered to have elected to remain in the Gulf
Shores City Schools and shall be counted as such for all State Department
ofEducation ("SDE") Fiscal Year 2019-2020 financial calculations related
to daily attendance.
85. In a special called meeting on January 17, 2019, the Gulf Shores City Board took
action to authorize student attendance similar in substance to the provisions set forth in the
preceding paragraph, the only material difference being that the State Superintendent's decision
86. Under Section 16-4-4 of the Code of Alabama ( 197 5), the State Superintendent is
given authority to explain the true intent and meaning of the school laws and of the rules and
regulations of the state board of education. Under such authority, the State Superintendent shall
decide, without expense to the parties concerned, all controversies and disputes involving the
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87. Under Section 16-4-8 of the Code of Alabama (1975), the State Superintendent is
given the authority to "review actions of the county and city school boards and of county
88. While the State Superintendent of Education has been granted broad general
authority, that authority is not unlimited, nor is it plenary. The authority to exercise general
control and supervision over a county board of education does not include the authority to
exercise the powers and authority which the Legislature has specifically conferred upon local
boards of education.
89. The Alabama Legislature has specifically defined and designated the
attendance districts. For example, in Alabama Code (1975) § 16-8-34, the Legislature provided
that the county board of education shall arrange the county into one or more appropriate and
convenient compulsory school attendance districts, and the board is directed to keep "full and
90. The Alabama Legislature has further authorized local boards of education to
regulate the admission of students to their schools in Alabama Code (1975) § 16-28-3 and to
collect fees from students attending schools in a jurisdiction other than the jurisdiction of the
student's residence in § 16-10-6. Specifically, § 16-10-6 authorizes a board to fix and collect
tuition fees or charges from pupils attending schools under the jurisdiction of a local board but
who live outside the territory over which such boards have jurisdiction. Implicit in Section 16-
10-6 is the understanding that a child may attend a school outside the school of the child's
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residence, and courts have held that there is no statutory authority for requiring children who live
within a city to attend a city, rather than a county, school. Phenix City Bd. of Educ. v. Teague,
91. In addition, the State Department of Education has giVen local boards of
education the responsibility of adopting policies of admission within the framework of state law
92. In accordance with applicable law, the State Superintendent of Education has no
authority to place, assign and/or transfer pupils from one public school to another public school
within a city or county school system. Further, in accordance with applicable law, the State
Superintendent of Education has no authority to determine admission criteria for pupils within
the public school systems of the State. All such authority is expressly given to local boards of
education.
93. By Resolution dated January 15, 2019, the Baldwin County Board of Education
took the following actions in connection with the student attendance issue:
"Fall 2019 - all eleventh and twelfth grade students in the current Gulf Shores High
School feeder pattern will be assigned to Gulf Shores High School.
• Fall 2019 - tenth grade students who reside in the current Gulf Shores
High School feeder pattern but outside the corporate limits of Gulf Shores
will be given their choice of attending Gulf Shores High School or another
high school option provided by the BCBE."
94. To the extent that the actions of the Baldwin County Board of Education
concerning student attendance are consistent with the actions of the Gulf Shores City Board, the
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two boards have acted within the authority granted to them by Alabama law, and those areas of
commonality will govern student attendance and the assignment of students between the
Baldwin County Board of Education and the Gulf Shores City Board.
95. To the extent that the State Superintendent purports to make decisions concerning
student attendance and the assignment of students between the Baldwin County Board of
Education and the Gulf Shores City Board that are different than the areas of commonality
between the two boards, such actions are without legal authority and have no force or effect.
96. Next, the State Superintendent of Education has issued directives to the Baldwin
County Board of Education regarding the transportation of students outside the Baldwin County
97. Specifically, the State Superintendent purports to direct the Baldwin County
Board of Education to transport all County Students that attend the Gulf Shores City Schools
98. While the State Superintendent may have general authority to review matters
under § 16-4-4 and § 16-4-8, that authority does not include the authority to direct and control
the transportation ofpupils. See In re Opinion ofJustices, 160 So.2d 648 (1964).
99. The legislature has delegated to county and city boards of education broad powers
to effectively administer and supervise the public schools and to establish educational policies
that are in the best interests of the schoolchildren of Alabama. See Alabama Code ( 197 5) §§ 16-
100. Citing to the specific authority of local boards to oversee the day-to-day operation
of schools and assignment of pupils to particular schools, courts have held that it is reasonable to
infer that the Legislature intended that the matter of transportation of pupils should come under
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the control and authority of the county boards of education. In re Opinion of the Justices, 160
So.2d at 650.
101. Courts have stated that they have no general supervisory power over
transportation of school children by boards of education, and courts will not ordinarily seek to
control exercise of broad discretion given by statute to boards. Ex parte Perry County Bd. of
102. In addition, county boards of education are specifically given the authority to
arrange for the transportation of pupils to and from consolidated schools under Alabama Code
(1975) § 16-8-1. Further, under a county board's general power to contract outlined in Alabama
Code (1975) § 16-8-40, a county board of education may adopt a policy of contracting with
individuals to transport school children. Shores v. Elmore County Bd. ofEduc., 3 So.2d 14 (Ala.
1941).
103. Where transportation of pupils to a consolidated school is not involved, and there
has been no agreement between two school systems as to the acceptance and transportation of
pupils into the school system in which they do not reside, however, state law does not make it
mandatory upon county boards of education to furnish transportation to pupils beyond their
territorial limits. Ex Parte Perry County Bd. ofEduc., 180 So.2d 246, 249 (1965).
104. Further, not only have courts found no duty to provide transportation, but courts
have further outlined that a county board has no lawful warrant to furnish such transportation in
the absence of an agreement between the systems. Id. at 249, citing to Conecuh County Bd. of
105. Finally, the State Board of Education has recognized the authority oflocal school
systems to determine how state funds for transportation are allocated for children who reside in
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one school system and choose to attend another school system. According to State Board of
Education resolution entitled "Transportation," adopted on July 22, 1976, the State Board of
Education has ruled that "no school system may transport children who reside in another school
system without the mutual consent of both systems involved" and that "no funds are to be paid
from the State level for children transported from one system to another system, without the
mutual consent ofboth systems involved or unless directed by court order." (emphasis added).
106. In accordance with applicable law, the State Superintendent of Education has no
authority under §§ 16-4-4 or 16-4-8 to dictate the responsibility of transportation between two
public school systems. As outlined above, transportation matters are left to the authority of the
local boards.
107. There exists a justiciable controversy between the Baldwin County Board of
Education and Defendant Mackey and Gulf Shores City Board concerning the Baldwin County
Board of Education's right to determine student assignment and attendance zones, student
108. This Honorable Court possesses jurisdiction under the laws of the State of
Alabama to issue a declaratory judgment with respect to the rights privileges and entitlements of
the parties relative to the respective authority of the parties related to student assignment and
109. A failure to file this action will result in the unlawful exercise of authority by the
State Superintendent in matters concerning student assignment and attendance zones, student
admission, and student transportation that Alabama law vests in the authority of the Baldwin
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respectfully moves this Honorable Court to enter a declaratory judgment relative to the rights and
privileges of the Plaintiffs under §§ 16-4-4 and 16-4-8 of the Code of Alabama ( 197 5) and grant
any additional and further relief that the Plaintiffs may be entitled to in this cause, including, but
(a) A specific declaration that §§ 16-4-4 and 16-4-8, does not include the
authority to exercise the powers and authority which the Legislature has
specifically conferred upon boards.
(b) A specific declaration that the Legislature has specifically conferred upon
local boards of education the authority to place, assign, and transfer pupils
from one public school to another public school;
(c) A specific declaration that the Legislature has specifically conferred upon
local boards of education the authority to regulate admission of students to
their schools;
(d) A specific declaration that the Legislature has conferred upon local boards
of education the authority to direct and control the transportation of
students to and from public schools;
(e) A specific declaration that the State Superintendent lacks the authority to
issue directives regarding student assignments, student admissions, and
student transportation;
(f) A specific declaration that any final decision made by the State
Superintendent under Alabama Code (1975) §§ 16-4-4 or 16-4-8, that
includes a directive regarding student assignments, student admissions,
and student transportation is null and void;
(g) Injunctive relief on behalf of the Plaintiffs ordering that the State
Superintendent's final decision regarding student assignments, student
admission, and student transportation shall have no full force and effect
until such time as this controversy can be resolved either by agreement of
the parties or by further Order of this Honorable Court; and
(h) Any and all further and different relief to which the Plaintiffs maybe
entitled to in this cause.
25
DOCUMENT 2
COUNT IV
DECLARATORY JUDGMENT
SCHOOL PERSONNEL
110. The Plaintiff hereby adopts and incorporates by reference Paragraphs 1 through
111. On or about February 5, 2019, the State Superintendent issued what he has
designated as his "final decision" in connection with the separation of the Gulf Shores City
112 The State Superintendent includes therein provisions purporting to govern the
113. Specifically, the State Superintendent has included the following: "In addition to
transfer requests, normal attrition through retirements, resignations, and non-renewals may
alleviate some pressure for teacher limits and personnel. With respect to Gulf Shores Middle and
High schools only, after choice and normal attrition, if there remains a statistical disparity
between the pro rata shares assigned to either the CITY BOARD or the COUNTY BOARD, the
teachers shall be awarded their school system of choice in order of seniority until the respective
pro rata shares are achieved. Seniority shall be defined by total amount of years consecutively
employed with the COUNTY BOARD. Any other remaining personnel not contemplated herein
shall be treated as addressed above. In the event transfer requests and normal attrition does not
rectify the statistical disparity between the pro rata shares of teachers between the two Boards by
April 1, 2019, the process for allowing choice by seniority shall begin no later than April 15,
2019. The State Superintendent lacks authority to take the foregoing action."
26
DOCUMENT 2
114. While the State Superintendent operates under certain general grants of authority,
such as Alabama Code (1975) §§ 16-4-4 and 16-4-8, he lacks authority to take the specific
actions set forth in the preceding paragraph, as those specific grants of authority, in this instance,
115. It is a well settled principle of law that the more specific grant of authority
116. In this area, the Alabama Legislature has specifically defined and designated the
example, in Alabama Code (1975) § 16-1-30(b), the Legislature provided that a county board of
education shall determine its own written educational policy for the board and its employees and
"shall prescribe rules and regulations for the conduct and management of schools."
117. Further, under Alabama Code ( 197 5) § 16-8-8, a county board of education is
vested with the "general administration and supervision of schools in its county." Specifically,
under Alabama Code (1975) § 16-8-23, a county board of education is vested with the authority
to "appoint, upon the written recommendation of the county superintendent, all principals,
teachers, clerical and professional assistants authorized by the board . . . [and to] suspend or
dismiss for immorality, misconduct in the office, ... or whenever, in the opinion of the board, the
best interest of the school require it, superintendents, principals, teachers, or any other
employees ... " Similarly, a county board of education can also reassign and/or transfer teachers
or classified personnel to a different position, school or grade if the board determines a transfer is
needed, and the legislature also specifically provides that certain teachers and personnel have a
right to contest the board's decision by a hearing before the board. See Alabama Code (1975) §§
27
DOCUMENT 2
118. The Alabama State Board of Education has further limited the State
with his authority to review actions of county boards, the State Board of Education has provided
that the State Superintendent "shall not have the authority to review actions and orders of county
and city boards of education or county superintendents of education and city superintendents of
119. In addition, Ala. Admin. Code § 290-1-2-.03 provides that the State
Superintendent may review "actions and orders in personnel matters," but only upon a "finding
by the Statute Superintendent, made after investigation, that exigent circumstances affecting the
education and education interest of the affected board require the State Superintendent's
intervention in such matters." In addition, "any such finding by the State Superintendent, and an
explanation of the basis for the finding, shall be submitted to the State Board of Education
120. Assuming arguendo that the foregoing Administrative Code provision is lawful,
the exception is extremely limited and unavailable in the instant circumstance because there has
been no personnel action or order, and none of the remaining prerequisites have been satisfied.
121. Courts have also found that there is no authority granted to the State
Superintendent to review matters pertaining to assigning a teacher from one school to another,
because that authority is specifically granted to the local board under state statute. See Weaver
v. Madison City Bd. ofEduc., 947 F. Supp. 2d 1308, 1322-23 (N.D. Ala. 2013).
122. The Alabama Attorney General has also rendered an opinion on point, that
provides: "unless an agreement is reached regarding personnel that decides otherwise, staff
members in the newly formed city systems will remain with that system in order not to
28
DOCUMENT 2
123. Finally, Alabama Code (1975) § 16-24C-4(e) further demonstrates that the default
rule that applies in the absence of agreement is that that employees will remain with the newly
formed school (i.e., "employees whose employer changes by virtue of ... district formation ...
shall retain tenure or nonprobationary status and service credit attained by virtue of employment
124. There exists a justiciable controversy between the Baldwin County Board of
Education and Defendant Mackey and Gulf Shores City Board concerning the Baldwin County
125. This Honorable Court possesses jurisdiction under the laws of the State of
Alabama to issue a declaratory judgment with respect to the rights privileges and entitlements of
the parties relative to the respective authority of the parties related to the management of
126. A failure to file this action will result in the unlawful exercise of authority by the
State Superintendent in matters concerning personnel that Alabama law vests in the authority of
prays that this Honorable Court to enter a declaratory judgment and grant any additional and
further relief that the Plaintiff may be entitled to in this cause, including, but not limited to:
(a) A specific declaration that the State Superintendent lacks the authority to
create, impose or order a seniority-based selection process for personnel as
set forth in the State Superintendent's final decision;
(b) A specific declaration that the State Superintendent's final decision, is null
and void to the extent that it purports to create, impose or order a seniority
based selection process for personnel;
(c) Injunctive relief on behalf of the Plaintiff Ordering that the April 1, 2019
29
DOCUMENT 2
and April 15, 2019 deadlines contained in Paragraph 3(A) of the State
Superintendent's final decision be held in abeyance until such time as this
controversy can be resolved either by agreement of the parties or by
further Order of this Honorable Court; and,
(d) Any and all further and different relief to which the Plaintiffs maybe
entitled to in this cause.
COUNTV
WRIT OF MANDAMUS
127. The Plaintiff hereby adopts and incorporates by reference Paragraphs 1 through
128. Plaintiff alleges that Mackey acted willfully, knowingly, maliciously, in bad faith,
beyond his authority, and/or under a mistaken interpretation of the law and is not immune from
civil action.
129. Defendant Mackey does not have the authority, under Alabama Code (1975) §§
16-4-4 and 16-4-8 to unilaterally order the Baldwin County Board of Education to enter into the
Agreement, specifically to order the Baldwin County Board of Education to agree to the terms
130. The general supervision statutes do not give carte blanche authority to the State
Superintendent. Instead, the statutes allow the State Superintendent to take action only after
certain prerequisites have occurred, only as outlined by the State Department of Education
regulations, and when such authority has not been specifically granted by the Legislature to the
local boards.
131. Mackey's acts and omissions, as set forth in Count I, were in error and contrary to
the statutes, arbitrary, beyond their authority and/or under a mistaken interpretation of the law.
As a matter oflaw, the Baldwin County Board of Education is entitled to all Foundation Program
30
DOCUMENT 2
funding through the end of the current fiscal year, being September 30, 2019.
132. Mackey's acts and omissions, as set forth in Count II, were in error and contrary
to the statutes, arbitrary, beyond their authority and/or under a mistaken interpretation of the law.
As a matter oflaw, the Baldwin County Board of Education is entitled to the distribution of Sales
Tax revenue through the end ofthe current fiscal year, being September 30, 2019.
133. Mackey's acts and omissions, as set forth in Count Ill, were in error and contrary
to the statutes, arbitrary, beyond their authority and/or under a mistaken interpretation of the law.
As a matter of law, the Baldwin County Board of Education is entitled to contract for and/or
make its own decisions regarding student attendance zones, student assignment, student
134. In addition, Mackey has acted outside his authority under Alabama Code (1975) §
16-4-8 and failed to follow the State Board of Education's promulgated rules and regulations
regarding Mackey's authority to review matters under § 16-4-8. Specifically, the State
Superintendent intervened in this matter prior to any actions, orders, or agreements being entered
into by either the Baldwin County Board of Education or the Gulf Shores City Board.
135. Further, under the Rules and Regulations promulgated by the State Board of
action" is required, the State Superintendent shall, state the reasons for the review, conduct an
investigation to obtain all relevant facts regarding the reasons for the review, report the results of
the review to the affected party, review a written response by the county board of education,
make a final order not later than ten work days after the receipt of the response, and issue a final
order no later than (90) calendar days after the affected party has been notified of a proposed
review.
31
DOCUMENT 2
136. As argued above and below, assummg arguendo that the review rules and
regulations are authorized under the laws of the State of Alabama, the State Superintendent has
failed to follow the procedural requirements for conducting a review of actions or orders of a
local board. He has never given notice to either of the local boards that he has determined that a
review is required. He has never stated the reasons for any review. He has not conducted any
investigation to obtain all relevant facts, and his directives have been issued well beyond the
137. For the foregoing reasons, the Baldwin County Board of Education seeks a Writ
of Mandamus to compel Mackey to comply with state laws and/or the State Board of
Education's own applicable policies and procedures regarding investigation of Board actions and
orders, assuming that such an investigation is proper and authorized under the law.
138. Writ of mandamus is proper as the Baldwin County Board of Education a clear
right to the relief sought; further there is no adequate remedy, and the Baldwin County Board of
Education has properly invoked the jurisdiction of this Court. Mandamus is appropriate
139. Mackey, by his acts and omissions, has failed to follow the non-discretionary
140. Mackey has failed to comply with the law, as well as his own rules, practices,
policies, and procedure with regard to the Baldwin County Board of Education, thereby acting
wrongfully and in violation of the laws of the State of Alabama by attempting to direct and order
the Baldwin County Board of Education to enter into a settlement agreement regarding
September Payroll, the distribution of Sales Tax revenues, student assignment, and student
transportation.
32
DOCUMENT 2
141. The acts of Mackey toward the Baldwin County Board of Education, as alleged in
this Complaint, were not in accordance with the laws of the State of Alabama.
prays that a Writ of Mandamus be issued by this Court directed to Defendant Mackey,
(a) Comply with the laws of the State and Alabama and the State Board of
Education's own applicable policies and procedures;
(c) Allow the Baldwin County Board of Education to make its own decisions
regarding student assignment, student admission and student
transportation;
(d) Set this matter for hearing on preliminary injunctive relief and grant such
relief as is proper; and
(e) Provide the Baldwin County Board of Education with such other, further
and different relief as may be just and proper, including the cost of this
action.
COUNT VI
142. The Plaintiff hereby adopts and incorporates by reference Paragraphs 1 through
143. Plaintiff alleges that Mackey acted willfully, knowingly, maliciously, in bad faith,
beyond his authority, and/or under a mistaken interpretation of the law and is not immune from
civil action.
144. Mackey's acts and omissions, as set forth in Count IV, were in error and contrary
to the statutes, arbitrary, beyond their authority and/or under a mistaken interpretation of the law.
As a matter of law, the Baldwin County Board of Education is entitled to contract for and/or
33
DOCUMENT 2
145. In addition, Mackey has failed to follow the rules and regulations promulgated by
the State Board of Education in intervening and issuing directives regarding personnel.
Specifically, Ala. Admin. Code § 290-1-2-.03 states that the State Superintendent may only
"review such actions and orders in personnel matters upon a finding by the State Superintendent,
made after investigation, that exigent circumstances affecting the education and education
interest of the affected board require the State Superintendent's intervention in such matters." In
addition, "any such finding by the State Superintendent, and an explanation of the basis of the
finding, shall be submitted to the State Board of Education upon its issuance."
146. Put another way, in matters pertaining to personnel, the authority of the State
Superintendent is directly tied to, and limited to specific issues: "exigent circumstances affecting
the education and education interest of the affected board," and under a specific process where
an investigation and findings are to occur, with submission of those findings to the State Board
of Education.
14 7. As argued above, Mackey intervened in this matter prior to any acts from either of
the local boards. In addition, he has continued to issue directives regarding personnel matters,
without providing any explanation as to what legal authority exists for him to intervene on
matters of personnel. In contravention to the State Board of Education's own rules and
procedures, Mackey has not submitted his finding, or an explanation thereof, regarding the
148. For the foregoing reasons, the Baldwin County Board of Education seeks a Writ
of Mandamus to compel Mackey to comply with state laws, and/or the State Board of
Education's own applicable policies and procedures regarding investigation of Board actions and
34
DOCUMENT 2
149. Writ of mandamus is proper as the Baldwin County Board of Education has a
clear right to the relief sought; further there is no adequate remedy, and the Baldwin County
Board of Education has properly invoked the jurisdiction of this Court. Mandamus 1s
appropriate directing the Defendant Mackey to follow the law as herein requested.
150. Defendant Mackey, by his acts and omissions, has failed to follow the non-
discretionary mandated applicable statutes and regulations imposed upon him by law.
151. Mackey has failed to comply with the statutes, as well as his own rules, practices,
policies, and procedure with regard to the Baldwin County Board of Education, thereby acting
wrongfully and in violation of the laws of the State of Alabama by attempting to direct and order
the Baldwin County Board of Education to enter into a settlement agreement regarding personnel
Issues.
152. The acts of Mackey toward the Baldwin County Board of Education, as alleged in
this Complaint, were not in accordance with the laws of the State of Alabama.
prays that a Writ of Mandamus be issued by this Court directed to Defendant Mackey,
(a) Comply with the laws of the State and Alabama and the State Board of
Education's own applicable policies and procedures;
(b) Allow the Baldwin County Board of Education to make its own decisions
regarding personnel;
(c) Set this matter for hearing on preliminary injunctive relief and grant such
relief as is proper; and
(d) Provide the Baldwin County Board of Education with such other, further
and different relief as may be just and proper, including the cost of this
action.
35
DOCUMENT 2
COUNT VII
INJUNCTIVE RELIEF
153. The Plaintiff hereby adopts and incorporates by reference Paragraphs 1 through
154. There exists a justiciable controversy between the Baldwin County Board of
Education and Mackey concerning Mackey's right to order that the Baldwin County Board of
Education take the above described actions. This Court has jurisdiction of this Count under the
155. Mackey has a legal and/or ministerial duty to comply with all applicable state
laws.
156. Mackey, by his acts and omissions has failed to follow the non-discretionary
applicable statutes and policies imposed upon him by the law and by the Alabama State
Department of Education.
157. Mackey has failed to comply with the statutes, as well as the State Board of
Education's own rules, practices, policies and procedures regarding his above directives, thereby
acting wrongfully and in violation of the laws of the State of Alabama by attempting to order the
Baldwin County Board of Education to enter into a settlement agreement regarding the above
158. Mackey's acts and omissions, as set forth in this Complaint, were in error and
contrary to the statutes, arbitrary, beyond his authority, and/or under a mistaken interpretation of
the law. As a matter of law, the Baldwin County Board of Education is entitled to the 2018-2019
Foundation funds, is entitled to all Sales Tax revenue based on the fiscal calendar year, is entitled
to determine and agree to its own terms regarding student attendance zones, student admission,
36
DOCUMENT 2
159. Defendant Mackey's willful violation of this duty will cause irreparable damage
160. The Baldwin County Board of Education seeks injunctive relief to prevent
Defendant Mackey from seeking any enforcement recourse against the Baldwin County Board of
Education and/or the Baldwin County Board of Education's Superintendent Mr. Eddie Tyler.
161. The harm to the Baldwin County Board of Education outweighs any potential
harm to Defendants and granting an injunction will not constitute a disservice to the public's
interest.
WHEREFORE, the above considered, the Baldwin County Board of Education request
that upon a hearing of this matter the Court will enter injunctive relief providing:
(a) That Mackey has failed to comply with the State Board of Education's
applicable policies and procedures.
(b) That Mackey has acted outside his authority and failed to follow the
statutes and laws of the State of Alabama.
(c) That Mackey be prevented from seeking any enforcement recourse of his
final order against the Baldwin County Board of Education and the
Baldwin County Board of Education's Superintendent, Mr. Eddie Tyler.
(d) That the Baldwin County Revenue Commissioner shall distribute all
Foundation moneys for 2018-2019 school year to the Baldwin County
Board of Education through the end of the fiscal year- September 30,
2018.
(e) That the Baldwin County Commission shall distribute all Sales Tax
revenue to the Baldwin County Board of Education in accordance with the
fiscal year.
(f) That the Baldwin County Board of Education be allowed to exercise their
authority to determine and agree to their own terms regarding student
attendance zones, student admission, student transportation, and
personnel.
(g) Set this matter for hearing on preliminary injunctive relief and grant such
37
DOCUMENT 2
relief as is proper.
(h) Such other, further and different relief as may be just and proper,
including costs of this action.
COUNT VIII
WRITOFCERT
162. The Plaintiff hereby adopts and incorporates by reference Paragraphs 1 through
163. It is well settled that decisions of governmental boards and governmental officers
(check) are subject to judicial review by a petition for a writ of certiorari. Alexander v. Dothan
City Board ofEduc., 891 So.2d 323, 326 (Ala. Civ. App. 2004).
164. The Baldwin County Board of Education contends that Defendant Mackey acted
ultra vires by attempting to order the Baldwin County Board of Education to enter into the
165. Defendant Mackey alleges that he has the power to act under the laws of the State
of Alabama in all matters contained herein, but he has failed to demonstrate that he has any
authority to divest the Baldwin County Board of Education of its property right and statutory
authority to enter into agreements, to receive Foundation funds and tax revenue as outlined in the
law, and to determine student attendance zones, student admission, student assignment, student
166. It is therefore proper to review the legality of the proceedings regarding Mackey's
167. The Baldwin County Board of Education respectfully requests that this Honorable
Court will issue a writ of certiorari and review Defendant Mackey's decision to order the
Baldwin County Board of Education to enter into the above described agreement.
38
DOCUMENT 2
168. Because Defendant Mackey has acted willfully, knowingly, maliciously, in bad
faith, beyond his authority, and/or under a mistaken interpretation of the law, he is not immune
from suit.
respectfully requests that this Honorable Court accept this complaint for a writ of certiorari, to
review the decision, actions, and/or statements of the Defendant Mackey and determine that:
(a) The Baldwin County Board of Education is entitled to the relief described
above in the preceding paragraphs, including without limitation the
reversal of Defendant Mackey's directive ordering the Baldwin County
Board of Education to enter into the unlawful agreement since it is
arbitrary, not authorized in the law, based upon an error or mistaken
interpretation of the law, and/or not supported by the evidence in this
cause; and
(b) The Baldwin County Board of Education further prays that they be
awarded any other and further relief as well as any other orders and
judgments to which they may be entitled under the facts set out above,
including an award of costs.
OF COUNSEL:
39
DOCUMENT 2
40
DOCUMENT 3
ELECTRONICALLY FILED
2/15/2019 4:31 PM
05-CV-2019-900207.00
CIRCUIT COURT OF
BALDWIN COUNTY, ALABAMA
JODY L. WISE, CLERK
Exhibit 1
DOCUMENT 3
STATE OF ALABAMA
DEPARTMENT OF EDUCATION
Alabama
State Board
December 20, 2018
of Educatto.n
GORDON PERSONS BU!UMNO • P.O. BOX 302101 • :v!ONTGOMBRY, ALAOAMA 36130-2101 • l'ELEPHONI'. (334) 694-4900 • FAX (334) 694-4990 • Wrm S!TIJ.: www.aJsde.edu
DOCUMENT 3
Therefore, as we move into the final decision-making and settlement phase, I trust
that you will make it extremely clear to your respective counselors that they will be
timely and open with all communication. I will tolerate no further delays, and you
are hereby instructed to notify your counselors that Ms. Davis is to be copied on all
correspondence back and forth between them related to this separation.
In a related matter, I have received some phone calls expressing concerns that
other cities in Baldwin County might be watching these events closely, in
anticipation that they might also consider a separation. As any city officials
considering such may contact either of you, I feel compelled to address that issue
in this letter. Even though the Department takes no stance-either pro or con-in
regard to new city school systems, any city considering the formation of its own
system should proceed with utmost caution and clarity. In this particular case, the
city government of Gulf Shores will have had to front all start-up, planning, and
administrative costs for approximately 18 months and will operate the schools with
no real property ad valorem tax receipts for its first full semester. Through the first
half of 2019, they will continue to front major start-up costs. As others may contact
you, I hope that you will convey to them that no such separation should be
undertaken lightly or without serious deliberation and commitment to the financial
investment necessary prior to any actions taken.
Sincerely,
~~y
Eric G. Mackey
State Superintendent of Education
cc: Mr. Andy Craig, Deputy State Superintendent for Finance and
Administration
Mr. J. Jason Swann, General Counsel
Mrs. Jackie Zeigler, State Board of Education Member, District 1
DOCUMENT 3
Preliminary Decision(s)
Related to the Separation Issues Between the
Gulf Shores Board of Education
and the Baldwin County Board of Education
The Baldwin County Board of Education (BCBE) and the Gulf Shores Board of Education
(GSBE) have asked me to consider the outstanding matters regarding their imminent separation
and to render a final decision of separation issues. I truly appreciate the candor and insight provided
in various interactions with each of the local superintendents and board counselors. Through your
cooperative efforts over the past few months we have been able to identify each parties' relative
positions, resolve some pertinent issues and to identify the remaining ones. The remaining
separation issues, in broad terms, are:
I. How will current Gulf Shores students be treated with respect to attendance status for the
2019-20 school year and how will Foundation Program funding for FY20 be established?
2. How will personnel currently assigned to Gulf Shores Middle and High School be
selected/assigned for the 2019-20 school year? (It is understood that current personnel at
Gulf Shores Elementary School will stay at GSES w1less they resign or request a transfer,
consistent with existing employee transfer policies, to another BCBE school)
3. When will the Gulf Shores Board assume responsibility for the general administration and
supervision of the Gulf Shores schools? (i.e. official separation date)
4. When will the County-wide taxes begin to be allocated, apportioned, and distributed
between the BCBE and the GSBE?
5. How will September 2019 payroll for personnel currently employed by BCBE and assigned
to GSBE be addressed?
In accordance with the authority granted to the State Superintendent pursuant to Alabama Code
§ 16--4--8 and other applicable Jaw, and pursuant to my thorough review of submitted documents,
including in depth input from the parties herein, this document shall outline what I have determined
to be the immediate and binding resolutions necessary for the 2019/2020 school yeru· to facilitate
an implementation plan that will ensure the long-term success of both school systems. The
decisions rendered herein are based solely on what I have determined to be in the best interest of
the students, parents, teachers, and communities involved in the separation.
DOCUMENT 3
Binding Resolutions:
Question One:
How will current Gulf Shores students be treated with respect to attendance status for
the 2019-20 school year and how will Foundation Program funding for FY20 be
establislled?
FUNDING:
For purposes of the FY20 Foundation Program allocation and all allocations foJlowing
that distribution formula as prescribed by law, the following assignments shall be utilized .
based on the enrollment as of the 2018-19 Average Daily Membership Report (ADM):
• GSBE:
o All K-8 students who reside within the corporate limits of Town of Gulf
Shores
o All rising tenth grade students who choose to remain at Gulf Shores High
School
o All high school students, no matter their residence
• BCBE:
o All K-6 students in Orange Beach Elementary School who do not reside
with the corporate limits of the Town of Gulf Shores
o All 7-8 students in Gulf Shores Middle School, but who reside outside the
corporate limits of the Town of Gulf Shores
o All rising tenth grade students who choose to attend Orange Beach High
School
o For FY 21 and beyond, calculations shall be made based on prior year attendance in
accordance with standard State Department of Education practices and policy.
SCHOOL ATTENDANCE
• Fall 2019 all eleventh and twelfth grade students in both Gulf Shores and
Orange Beach will be assigned to Gulf Shores High School.
2
DOCUMENT 3
o Rising tenth grade students who reside outside the corporate limits of the
Town of Gulf Shores will be given their choice of attending Gulf Shores
High School or another high school option provided by the BCBE
o Nothing in this section shall prevent either board of education from
establishing out-of-district attendance policies including but not limited to
the attendance of younger siblings of said students referenced herein.
Question Two
How will personnel currently assigned to Gulf Shores Middle and High School be
selected/assigned for the 2019-20 school year?
Due to the reshuffling of student attendance zones, all three Gulf Shores schools
will have reduced teacher units for the 2019-20 school year, and will need to reduce other
school personnel accordingly. As much as is practicable, teachers and personnel should be
given the opportunity to choose whether to continue working in the Gulf Shores schools or
to continue employment with BCBE.
3
DOCUMENT 3
Question Three:
When will the Gulf Shores Board assume responsibility for the general administration
and supervision of tlte GulfSlwres schools? (i.e. official separation date)
The GSBE shall assume full legal responsibility for the general administration and
supervision of the Gulf Shores Schools beginning June 1, 2019.
Question Four:
When will the County-wide taxes begin to be allocated, apportioned, and distributed
between the BCBE and the GSBE?
(I) Ad valorem taxes. Beginning October 1, 2019, the net proceeds of ad valorem taxes
levied countywide by the Baldwin County Commission on property situated in Baldwin
County shall be allocated, apportioned and distributed between the BCBE and the GSBE
as directed by State law; presently section 16-l3-3l(b) of the Code of Alabama 1975
provides that the allocation, apportionment and distribution of countywide taxes shall be
on the basis on which Foundation Program moneys are allocated, apportioned and
distributed within the County. Beginning October I, 2019, the net proceeds of district ad
valorem taxes levied by the Baldwin County Commission on property situated within the
Gulf Shores School Tax District (the boundaries of which are coterminous with the
corporate limits of the City of Gulf Shores) shall be paid to the GSBE.
(2) Sales and Use Taxes. Commencing June I, 2019, the next proceeds of sales and use
taxes levied countywide for school purposes in Baldwin County shall be apportioned
monthly to the BCBE and the GSBE on the same basis as Foundation Program moneys are
allocated, apportioned and distributed within the County.
Question Five:
How will September 2019 payroll for personnel currently employed by BCBE and
assigned to Gulf Shores GSBE be addressed handled?
The ALSDE will divide the Foundation Program allocation, assigning to GSBE its pro rata
share based on FY20 calculations.
4
DOCUMENT 3
This decision is not intended to have any precedential effect on other city school
board separations. To the contrary, each city school board separation presents unique
challenges and issues and should be evaluation on a case-by-case basis.
5
DOCUMENT 4
ELECTRONICALLY FILED
2/15/2019 4:31 PM
05-CV-2019-900207.00
CIRCUIT COURT OF
BALDWIN COUNTY, ALABAMA
JODY L. WISE, CLERK
Exhibit 2
DOCUMENT 4
STATE OF ALABAMA
DEPARTMENT OF EDUCATION
cynthia McCart)', Ph.D. Please note the deadline provision in my final decision requires your response no later
District VI
Vice President than February 15,2019.
Sincerely,
~~/J-vv\~
Jeff Newman
District VII
Presldenl ProTem
EGM:LAK
Eric G. Mackey, Ed.O.
Secretary and
Executive Officer
Attachment
GORDON PERSONS BIJtLDI"(; • p_o Hox .\02!01 • MOt>.TGOMERY, AlAIJAMA 36!30-2101 • TElEPIIONE{334} 694-4900 • FAX (334) 694-4990 • WEB SIH: W\IW.a]sde_cUu
DOCUMENT 4
The Baldwin County Board of Education (the "COUNTY BOARD") exercises general
administration and supervision of all public schools lying within Baldwin County, including such
public schools lying within the City of Gulf Shores, Alabama (the "City"). On October 9, 2017,
in accordance with Ala. Code §§ 16-11-1 et seq., the Gulf Shores City Council established the
Gulf Shores City Board of Education (the "CITY BOARD") and voted to separate from the
Baldwin County School System. Although the CITY BOARD and the COUNTY BOARD have
attempted to negotiate an agreement pertaining to issues presented and identified by the
impending separation, no agreement has been reached by the parties.
Thus, I have rendered a fmal decision on disputed issues between the COUNTY BOARD and the
CITY BOARD in accordance with my authority under Alabama law. The disputed issues on
which I have rendered a final, binding decision are as follows:
1. The date that the CITY BOARD shall assume responsibility for the general
administration and supervision of Gulf Shores City Schools
2. Student Attendance
3. Personnel
4. The proper distribution of Baldwin County's Foundation Program allocation for the
month of September, 2019
5. The date that the countywide sales and use taxes levied pursuant to Alabama Code § 40--
12-4 will begin to be allocated, apportioned, and distributed between the COUNTY
BOARD and the CITY BOARD as directed by Alabama Code§ 16-13-31(b)
In accordance with the authority granted to the State Superintendent pursuant to Alabama
Code § 16-4-4 and other applicable law, and following my thorough review of the issues in
dispute, the relevant documentation, and extensive input from both parties, this document
memorializes and clarifies what I have concluded to be the immediate and binding
determinations necessary to facilitate an implementation plan for the 2019-2020 school year that
will ensure the long-term success of both school systems. The decisions rendered herein are
based solely on what I have determined to be in the best interest of the students, parents,
teachers, and communities involved in the separation.
DOCUMENT 4
DEFINITIONS
The following terms and phrases as used in this Decision shall have the following meanings:
Gulf Shores City Schools. Gulf Shores Elementary School, Gulf Shores Middle School,
and Gulf Shores High School.
Gulf Shores Students. Those students residing within the corporate limits of the City of
Gulf Shores.
County Schools. Those schools under the general administration and supervision of the
COUNTY BOARD for the 2018-2019 school year, except Gulf Shores Elementary
School, Gulf Shores Middle School, and Gulf Shores High School.
County Students. Students residing in Baldwin County other than Gulf Shores Students.
Students. School-age children eligible to attend grades pre-K-12, including students who
are eligible to attend public school until age 21 under applicable state and/or federal law ..
Gulf Shores Feeder Pattern. The Feeder Pattern that encompasses Gulf Shores
Elementary, Middle, and High Schools as of the 2018-2019 school year.
The CITY BOARD shall assume responsibility for the general personnel, administration,
and supervision of Gulf Shores City Schools and the educational interest of the City
effective June 1, 2019.
The COUNTY BOARD shall adequately maintain, manage, and operate the Gulf Shores
Schools from the date hereof until June 1, 2019, in a manner consistent with the
COUNTY BOARD's prior management of the premises. The COUNTY BOARD shall
act reasonably and in good faith with the CITY BOARD, its Superintendent, and other
City personnel with respect to all reasonable activities undertaken by the CITY BOARD
to assume administration and responsibility for Gulf Shores City Schools on June 1,
2019.
Both the COUNTY BOARD and the CITY BOARD shall work together to achieve the
transactions ordered in this Decision by June I, 2019.
2
DOCUMENT 4
2. STUDENT AlTENDANCE
A. Attendance Zone. The attendance zone for Gulf Shores City Schools shall be the
corporate limits of the City.
B. Gulf Shores Students. All Gulf Shores Students residing in the attendance zone,
defined in Section 2.A above, may attend Gulf Shores City Schools.
C. Out-of-Zone Attendance.
i. Gulf Shores Students. The CITY BOARD shall provide services for all Gulf
Shores Students as of June I, 2019, except as provided otherwise in this
Decision. Gulf Shores Students currently enrolled in various specialized
programs may remain in the County System until completion of their public
school educational program as stated below.
The COUNTY BOARD shall count those Gulf Shores Students who are
currently enrolled in the lB program and who choose to stay enrolled in said
program on the COUNTY BOARD's Average Daily Membership Report
("ADM"). The COUNTY BOARD is responsible for determining if these
students are transported or not. Once the student discontinues or is otherwise
removed from this program, he/she shall forfeit his/her eligibility for this
program.
Those Gulf Shores Students who are currently enrolled in the South Baldwin
Center for Technology and Aviation Center (career technical school) shall be
allowed to attend through graduation. The CITY BOARD will count these
students on its ADM; however, the CITY BOARD shall pay the COUNTY
BOARD a per-pupil cost per semester for what the COUNTY BOARD
expends from local funds on this specialized school. The student count for the
program will be made on the 20th day after the beginning of each semester. If
these students are currently transported, the CITY BOARD shall assume the
responsibility of transporting these students. The COUNTY BOARD shall
identify to the CITY BOARD all students in specialized programs in the Gulf
Shores Feeder Pattern and their grade levels within seven (7) days after receipt
of this Decision.
The Naval JROTC program located at Gulf Shores High School shall remain
at Gulf Shores High School after the separation date and all JROTC
equipment and related resources shall remain in Gulf Shores High School.
County Students currently enrolled in the program may continue to participate
in the program; however, transportation shall not be provided by the CITY
BOARD. The COUNTY BOARD will count County Students enrolled in the
Naval JROTC program on its ADM. Students within the Gulf Shores Feeder
Pattern that are not Gulf Shores Students may participate in the Naval JROTC
program after the separation date.
3
DOCUMENT 4
The CITY BOARD shall provide a virtual school program for its own students
upon separation.
iii. Interdistrict Transfer Policy {"Board I.T.P"). Nothing in this Decision shall
prevent either Board from establishing Interdistrict Transfer Policies (also
known as "out-of-district attendance policies").
iv. Baldwin County Students Currently Residing in the Gulf Shores Feeder
Pattern. The immediate removal of certain County Students from Gulf Shores
Schools and certain Gulf Shores Students from Baldwin County Schools is not
in the best interest of students, families, communities, or the respective school
systems, and appropriate measures to ease the transition of students into the
respective school zones is needed and will benefit both Boards and the
students they serve.
All Eleventh and Twelfth grade students residing in the Gulf Shores Feeder
Pattern during the 2019-2021 school years shall attend Gulf Shores High School
until their graduati011 or completion of their public school educational program.
Baldwin County Students currently residing in the Gulf Shores Feeder Pattern
and who will be a member of the 2019-2020 school year Tenth grade class and
who are in compliance with all applicable policies of the COUNTY BOARD
and CITY BOARD shall have the choice to attend Gulf Shores City Schools
through their graduation or through completion of their public school
educational program; provided, however, that such County Students who
withdraw, transfer, move out of or no longer reside in the Gulf Shores Feeder
Pattern, or who otherwise cease attending Gulf Shores City Schools after the
2019-2020 school year will no longer be eligible to attend Gulf Shores City
Schools unless admitted in accordance with and subject to Gulf Shores City
Board of Education Policy. Any Baldwin County Students who wish to attend
-Gulf---8hores--Bity-Bchools-who--currently---reside-in-the--Gulf--Shores--Feeder
Pattern and who will be a member of the 2019-2020 school year Tenth grade
class and who are in compliance with all applicable policies of the COUNTY
BOARD should have declared their intent to attend either the Baldwin County
Schools or Gulf Shores City Schools by February 1, 2019. However, aoy
Student who failed to declare his or her intention as requested shall do so by
March 1, 2019, or such Student shall be considered to have elected to remain in
Gulf Shores City Schools aod shall be counted as such for all State Department
4
DOCUMENT 4
CITY BOARD:
COUNTY BOARD:
3. PERSONNEL
5
DOCUMENT 4
2020 school year and may need to reduce other school personnel accordingly
prior to June 1, 2019. As much as is practicable, teachers and personnel
should be given the opportunity to choose whether to continue working in
Gulf Shores City Schools or to continue employment with the COUNTY
BOARD.
B. Continuing Service Status. The CITY BOARD shall not jeopardize the
continuing service status obtained by any certified teacher or non-
probationary classified employee while employed by the COUNTY BOARD
because of the assumption of responsibility for Gulf Shores Schools. For the
purpose of this section, the time frame for hiring by the CITY BOARD shall
be defined as the beginning of the new City School System until June I, 2019.
C. Terms of Employment.
i. Job Information. The CITY BOARD shall provide job information (salary
and benefits) to any employees expressing an interest in being employed
by the CITY BOARD. The CITY BOARD salary schedule shall provide
salaries at no less than the state minimum salary schedule for the 2019-
2020 school year, plus any increases provided by the State. In no instance
will the salary rate be less than the existing salary of affected personnel.
6
DOCUMENT 4
D. Itinerant Teachers. Itinerant teachers and support staff who work at both Gulf
Shores City Schools and County Schools outside of the City of Gulf Shores
through the end of the 2018-2019 school year, and whose contract is not
terminated or non-renewed by the COUNTY BOARD, will remain employed
by the COUNTY BOARD unless hired by the CITY BOARD.
Both the COUNTY BOARD and the CITY BOARD operate on an October 1st to
September 30th fiscal year. Funding for employees at Gulf Shores City Schools is
normally provided to the COUNTY BOARD through September 30, 2019. Because the
COUNTY BOARD has and will receive all state and federal funds from the SDE for
Fiscal Year 2018-2019, the COUNTY BOARD would normally be responsible for
funding the payment of salaries and benefits for all state-earned positions and all federal
positions assigned to Gulf Shores City Schools for the remainder of the 2018-2019 Fiscal
Year. For the month of September 2019, the SDE will divide the Foundation Program
allocation to Baldwin County and will apportion and pay over to the CITY BOARD, as
the CITY BOARD's share for that month, an amount determined by the SDE with
reference to an equivalent number of certified positions based on Fiscal Year 2019-2020
ADM calculations and corresponding funding divisors.
7
DOCUMENT 4
ii. the countywide ad valorem tax levied pursuant to Amendment No. 202 to
the Alabama Constitution, which is currently being levied and collected at
the rate of one (1.0) mill; and
iii. the cow1tywide ad valorem tax levied pursuant to Amendment No. 162 of
the Alabama Constitution, which is currently being levied and collected at
the rate of five (5.0) mills and the proceeds of which are to be used for
public school purposes.
B. Countywide Sales and Use Taxes. For sales activities and transactions
occurring on or after June 1, 2019, the net proceeds of the privilege, license,
and excise taxes ("Sales and Use Taxes") in Baldwin County exclusively for
public school pwposes pursuant to Section 40-12-4 of the Code of Alabama
1975 as amended, and the ordinances and resolutions of the County
Commission first adopted on December 20, 1988, and is levied at the rate of
two percent (2%) shall be allocated, apportioned, and distributed between the
COUNTY BOARD and the CITY BOARD as directed by the State law
(presently, Section 16-13-31(b) of the Code of Alabama of 1975, which
provides that the allocation, apportionment and distribution of countywide
taxes shall be on the basis on which Foundation Program moneys are
allocated, apportioned, and distributed within the County). On or before June
15, 2019, the SDE will provide instructions with distribution percentages to
the appropriate revenue officials in the County for all distributions made
hereunder prior to the release of the armual instructions for the Fiscal Year
2019-2020.
C. District Ad Valorem Tax. Beginning October 1, 2019, the net proceeds of the
district ad valorem tax levied within the corporate linlits of the City of Gulf
Shores pursuant to Section 2 of Amendment No. 3 to the Alabama
Constitution, which is currently being levied and collected at the rate of three
(3.0) mills, shall be apportioned and distributed to the CITY BOARD.
D. Miscellaneous Revenues~
i. Commencing June 1, 2019, the net revenues from the sale of "Helping
Schools" vehicle tags shall be distributed in accordance with the
applicable provisions of the Code of Alabama (Section 32-6-300 and
Section 32-6-301, which provide that the net proceeds from the sale of
such tags be distributed "... to the school district designated by the
purchaser, or if the purchaser does not make a designation, to the school
district in which the funds were generated, to be used for the purchase of
classroom supplies and equipment for grades K through 12 of the public
schools in the school district").
ii. Commencing June 1, 2019, the net revenues froni. taxes levied either by
the State of Alabama or by Baldwin County on tobacco products, on malt
8
DOCUMENT 4
iii. Commencing June I, 2019, the registration fee for manufactured homes
shall be distributed as provided in the Code of Alabama (Section 40-12-
255).
iv. Commencing June 1, 2019, the amounts paid to the COUNTY BOARD
that are derived from payments made to the County in-lieu-of-taxes shall
be apportioned between the COUNTY BOARD and the CITY BOARD on
the same basis as Foundation Program funds are allocated, apportioned,
and distributed.
In addition to the above determinations that are binding on the COUNTY BOARD and
the CITY BOARD by virtue of this Decision, my office has been informed that the parties have
resolved certain additional matters, including, but not limited to the following:
To the extent any of the above issues or any additional issues are not fully resolved by the
parties, such issues remain within the full legal purview of the State Superintendent of Education
as provided by law.
This decision is not intended to have any precedential effect on other city school board
separations. To the contrary, each city school board separation presents unique challenges and
issues and should be evaluated on a case-by-case basis.
Finally, I find it necessary, and in the best interest of the students, teachers, staff, and
parents of both school systems, to prevent needless delay in the implementation of this decision
for the 2019-2020 school year. I therefore direct the superintendent for each system to provide
my office with a written response to this decision, to be received by my office no later than
February 15, 2019, in which each superintendent confirms his acceptance of this decision as final
and binding and his commitment to begin implementing this decision immediately. If no written
9
DOCUMENT 4
response confim1ing compliance is received by that date, this office will understand that lack of
response as a refusal to recognize this decision as binding and will proceed accordingly under the
enforcement authority granted by Section 16-4-4 of the Alabama Code.
~~~
State Superintendent of Education
10
DOCUMENT 5
ELECTRONICALLY FILED
2/15/2019 4:31 PM
05-CV-2019-900207.00
CIRCUIT COURT OF
BALDWIN COUNTY, ALABAMA
JODY L. WISE, CLERK
Exhibit 3
DOCUMENT 5
.---:-
''-~ State of Alabama
f; 'J:Socu•
Department of Education lft \ .
Ed Richardson •
State Superintendent of Education
You requested information on forming a city school s)'lltem. State law provides
9-f~' general guidance for the Cleelion of a city school system with much of the details
?In' I* subject to the negotiation of an agreement between the two school boards.
Oisaia II Therefore, the answers (in italics below) to the following questions you may have
are general information and should not be considered u authoritative.
( c
Mr. Eugene A. Melton
Page2
]Wle 12, 2000
A new school system would require nart·up funds from the city. The school
year Is July 1 through June 30 and the stole focal year Is OcJober 1 through
September 30. A new school system does not receive 11 monthly
FOUNDATION PROGRAM payment until the end ofOcJober. The city would
most likdy need to provide funds for salaries D.nd school operotions for July
through September as weT/ as any costs prior to July J.
B. Fac:Oftles. Would the tlty system assume the school faclUties in the
city limits or construct new facilities? IC the city system IISSumed the
present facilities would the county system receive auy c:ampensatiou !or
the facilities? IC there is aay ladebtedlless associated with !adlldes
falruess would require that tbe ladebtedlless be IISSUmed also but would
the dty system be lD a posltlou to decline acceptance or any facility?
c
Mr. Eugene A. Melton
Page 3
June 12, 2000
D. School Dlstrlct. Would tbe city system be able to draw " dlstrlc:t that
Includes all cbUdren attending Trussville schools at tbls time? If tbey are
Included would a property tax earmarked for education countywide go to
tbe system In wblcb tbe property Is located or be dispersed based on
enrollment?
The drawing of tlllendant:e zonu for a city school system for Trussvilk may
have to be decided by the ftu/icial system. Item A. Ful!dlng addresses tloe
distribution ofloco/taxes.
Sincerely,
R,.h,.r. M~
Robert L. Morton
Assistant State Superintendent
Adminislnitive end Financial Services
RLM/DWH
Exhibit 4
DOCUMENT 6
p,BAM
.
*•
- .* STATE OF ALABAMA
DEPARTMENT OF EDUCATION
. •
~€4T ~~
Thomas R. Blat
State Superintendent or Education
PRELIMINARY DECISION
Alabama
ON THE PETITION FOR ADJUDICATION OF DISPUTED SEPARATION ISSUES
StateBoanl
of EducatiOn JOINTLY SUBMITTED BY THE GARDENDALE CITY BOARD OF EDUCATION
AND THE JEFFERSON COUNTY BOARD OF EDUCATION
Govern<><
Robert Bentley This document is a not a final determination of the Issues presented. Its purpose is to
Prealdont
solicit the respective views of the two Boards on the resolution proposed in this
document. The Boards' comments in response are due by February 20. 2015. After
AlTho......
District I
considering those comments, this office witt issue a final determination.
The Jefferson County Board of Education and the Gardendale City Board of
Betty Peters
Oleb'fct 11 Education submitted a Joint Petition for Adjudication of Disputed Separation Issues on
November 18, 2014. The issues in dispute, which arise from the withdrawal of the City of
Gardendale from the Jefferson County School System and the concomitant establishment
Stephanie Bell
tHstrfctlll of a new Gardendale City School System are, in summary form:
1. Whether the Gardendale City Board must pay the Jefferson County
Yvette M.
Rlchard&en, Ed..D. Board $33,187,500.00 to enable the Jefferson County Board to
District IV
provide replacement facilities for Jefferson County students who
formerly attended schools in what is now the Gardendale City School
Ella B. Bell
DlsbtctV
System, or whether the needs of these students should be met
VIce Prea!dant
through a transitional attendance plan, as proposed by the
Gardendale City Board.
Cynthia Mccarty, Ph.D.
DlebictVI
2. Whether the Jefferson County Board must continue to accept at the
William E. Burkett Multi-Handicapped Center students who reside in
Jeff NBWitllln the Gardendale City School System and are currently attending the
DfebictW
Prealdent Pro Tern Center.
GolUION PERSONS 8Uit.DtNG • P.O. Box 302101 • MONTGOMERY, ALABAMA 36130-:UOl • TELEPHONE (334) 242-9700 • WEB sm:: www.alsde.edu
DOCUMENT 6
Page 2
The Jefferson County Board relies on Ala. Code § 16-8-20 as authority for claiming
that a payment should issue from the Gardendale City Board. Although the creation of a
new city school system is not directly addressed by the statute, the principle behind the
statute, which makes financial obligations run with the land and facilities for which the
financial obligations were occurred or to which they can reasonably be allocated, Is a sound
one, and should be recognized in this particular situation. Otherwise, the Gardendale City
Board would receive a windfall at the expense of the Jefferson County Board.
For this reason, and pursuant to this office's authority to review the actions and
orders of county and city boards of education and the parties' Joint Petition for
Adjudication of Disputed Separation Issues, the Gardendale City Board shall pay to the
Jefferson County Board the sum of $8,108,555.10. That amount is based upon this office's
determination of the proper allocation and balancing of resources between the two school
systems, considering certain mitigating-;-fa-::ct:::-o:-r..,.s,....,.;in::.,c.,.lu-:di"in""'g"'":..,(.,i)~t:-;:h-:e-::-pe:-r-.-io:-d:;-:o-;f-:ti;-m-e:-:-.t~t
Gardendale schools, including Gardendale High School, have served students currently in
the Gardendale attendance zone; and (ii) the adoption ofthe Open Door Attendance Policy
proposed by the Gardendale City Board, as modified herein.
The methodology utilized to calculate the payment due to the Jefferson County
Board is as follows:
Page 3
In addition, the Open Door Attendance Policy (the "Policy") proposed by the
Gardendale City Board is hereby adopted, subject to the following modifications:
Under the Policy, the Gardendale City Board shall be entitled to a pro rata share of
the 21.9 mills of district school taxes paid in Jefferson County's tax district for any non-
Gardendale resident who opts to attend a Gardendale City School.
The parties should work out the terms of payment to the Jefferson County Board
and any issues related to the implementation of the Open Door Attendance Policy, as
modified, among themselves. lfthey are not able to, they may ask for the assistance ofthis
office.
DOCUMENT 6
Page 4
This matter has been resolved by the parties since the submission of the Joint
Petition for Adjudication of Disputed Separation. Specifically, pursuant to the parties'
respective submissions, the Gardendale City Board shall be responsible for the education
of any Gardendale resident currently attending the William E. Burkett Multi-Handicapped
Center.
By creating a separate school system, the Gardendale City Board assumed the
obligation of paying the salaries and benefits of its employees, and it Is not entitled to any
portion of 2015 Foundation Program funds paid to the Jefferson County Board.
Any final decision of this office is subject to the United States District Court's
jurisdiction in Stout v. Jefferson Bd. of Educ., 2:65-cv-0396-:MHH (N.D. Ala), which has the
jurisdiction and authority to review and/or modify this office's final decision to ensure
compliance with federal desegregation laws and the orders ofthat court.
THOMAS R. BICE
STATE SUPERINTENDENT OF EDUCATION
DOCUMENT 7
ELECTRONICALLY FILED
2/15/2019 4:31 PM
05-CV-2019-900207.00
CIRCUIT COURT OF
BALDWIN COUNTY, ALABAMA
JODY L. WISE, CLERK
Exhibit 5
DOCUMENT 7
DOCUMENT I
that some school systems are transporting school children from another
school system without. an agreement with the other school system; and
practice be followed: