October 23, 2019

Senator Del Marsh

11 South Union St
Suite 722
Montgomery, Alabama 36130

Course of Study Standards Contemplated by Act 2019-345:

#LSA2019-2822.

Dear President Pro Tempore Marsh:

Act 2019-345, proposes an amendment to the Constitution

of Alabama of 1901, to change the name of the State Board of
Education and the State Superintendent of Education to the
Alabama Commission on Elementary and Secondary Education and
the Secretary of Elementary and Secondary Education,
respectively, and to change the composition and selection of
members of the commission and the selection of the secretary.
Paragraph 5 of the amendatory language requires the newly
formed commission to adopt specific standards, programs, and
systems beyond that required by general law. The first
requirement is that the commission adopt:

“a. Course of study standards that ensure nationwide

consistency and the seamless transfer of students from within
and outside of the state, in lieu of common core.”

“The first rule in statutory construction is to

determine whether the language at issue has a plain and
unambiguous meaning with regard to the particular dispute. If
the statute's meaning is plain and unambiguous, there is no
need for further inquiry.” United States v. Silva, 443 F.3d
795, 797–98 (11th Cir.2006) (internal quotes omitted). The
classic test is that "the meaning of the statute must, in the
first instance, be sought in the language in which it is
framed, and if that is plain, the sole function of the courts
is to enforce it according to its terms." Caminetti v. U.S.,
242 U.S. 470 (1917); Southerland Statutory Construction,
Section 46.01. We note that the State Board of Education has
adopted and is currently implementing common core standards in
the public schools; it is completely logical to conclude that
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those are the common core standards that the newly formed
commission is tasked with replacing.

In this case, the relevant language in Act 2019-345,

clearly and unambiguously states that the Alabama Commission
on Elementary and Secondary Education shall adopt "[c]ourse of
study standards... in lieu of common core.” The
Merriam-Webster Online Dictionary defines “in lieu of” as “in
the place of: instead of” and Black’s Law Dictionary defines
“in lieu of” as a phrase that means “instead of or in place
of; in exchange or return for.” Therefore, the commission is
charged with adopting course of study standards to use in the
public schools of Alabama instead of, or in place of, common
core standards.

Based on the forgoing, the constitutional amendment

proposed to Amendment 284 to the Constitution of Alabama of
1901, by Act 2019-345, if ratified, mandates that the
commission adopt course of study standards that are not common
core standards.

If we may provide any further assistance in this matter,

please contact the office.

Very truly yours,

Karen M. Smith
Senior Legislative Analyst

KMS/bm