Code of Alabama

Ala. Code § 16-1-13 (2026)

Teaching Pupils of Disparate Ability, Background and Achievement.

✓ official Alabama Legislature (ALISON) text, current July 2026

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Whenever any city, county or other local school board determines it to be in the best interest of the public school pupils of the local school system, it may prescribe and from time to time adjust and adapt and further prescribe the manner, method and procedure to be employed in classrooms for teaching pupils of disparate ability, background and achievement in the public schools within its jurisdiction. Its authority in this respect shall include but shall not be limited to prescribing the grouping and classification of students within the same grade level, based upon considerations of native ability as indicated by intelligence tests; the general academic achievement, and level of achievement in a particular subject area. Any such grouping of pupils within a class or grade shall be prescribed by the local board of education only after consultation with the superintendent of the school, teachers, students and parents of various pupils concerned, and the decision reached shall be solely within the discretion of the board.

The local board may prescribe the times and hours and place of instruction for any grouping within schools and classrooms as it may consider advisable and may assign special teachers, prescribe special subjects or remedial courses, advanced courses, vocational courses and take such other action with respect to the time and place for teaching such separate groupings as it may consider in the best interest of the students and the entire student body of the school.

(Acts 1963, No. 522, p. 1126, §§ 1, 2.)

Notes of Decisions

Cited in 2 cases, 1979–1979 · leading case: Smith v. Dallas Cnty. Bd. of Educ., 480 F. Supp. 1324 (S.D. Ala. 1979).

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Smith v. Dallas Cnty. Bd. of Educ., 480 F. Supp. 1324 (S.D. Ala. 1979). · cites it 9× “Accordingly, it is the opinion of the Court that the defendants’ motion for summary judgment as to the 1983 claim is due to be granted.”

Smith v. Dallas Cty. Bd. of Ed., 480 F. Supp. 1324 (S.D. Ala. 1979). · cites it 9× “Since there was no constitutional violation of any right afforded these plaintiffs, a fortiori, the plaintiffs' claim under section 1983 must fail. Accordingly, it is the opinion of the Court that the defendants' motion for summary judgment as to the 1983 claim is due to be…”

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