Ala. Code
Code of Alabama

Ala. Code § 16-11-2 (2026)

Applicability; Composition of Boards.

✓ official Alabama Legislature (ALISON) text, current July 2026
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(a) The provisions of this chapter shall apply to city boards of education unless otherwise provided by local law pursuant to Amendment 659 to the Constitution of Alabama of 1901, or any other provision of the Constitution of Alabama of 1901.

(b) The general administration and supervision of the public schools and educational interest of each city shall be vested in a city board of education, to be composed of five members who shall be residents of the city, and who shall not be members of the city council or commission. In any Class 4 municipality which has adopted a mayor-council form of government pursuant to Chapter 43B (commencing with Section 11-43B-1) of Title 11, the city board of education may be composed of seven members.

(c) No person shall be eligible for election or appointment as a member of a city board of education unless he or she satisfies all of the following qualifications:

(1) Is a person of good moral character.

(2) Has obtained a high school diploma or its equivalent.

(3) Is not employed by that city board of education.

(4) Is not serving on the governing board of a private elementary or secondary educational institution.

(5) Is not on the National Sex Offender Registry or the state sex offender registry.

(6) Has not been convicted of a felony.

(d) In those cities where the members of the city board of education are elected or appointed to represent a district, whenever a member of a city board of education moves his or her domicile from the district he or she represents, he or she shall cease to be a member of the city board of education, and a vacancy shall occur. The member shall provide notice of the move to the secretary of the city board of education before the beginning of business at the first meeting of the city board of education following the move.

(e) Any city or town which has had the general administration and supervision of the public schools and educational interests of the city or town vested in a city board of education for a period of 20 years or more prior to August 15, 1951, may, except as may be provided by law, continue to have general administration and supervision of the public schools and educational interest under a local board of education regardless of any past or future federal census.

(School Code 1927, §191; Code 1940, T. 52, §151; Acts 1943, No. 206, p. 184, §1; Acts 1951, No. 418, p. 742, §1; Acts 1957, No. 160, p. 209, §1; Acts 1961, No. 1022, p. 1601, §1; Acts 1964, 1st Ex. Sess., No. 250, p. 347, §1; Acts 1977, No. 771, p. 1328, §1; Acts 1994, No. 94-133, p. 172, §2; Acts 1996, No. 96-643, p. 1024, §1; Act 2000-757, p. 1724, §1; Act 2012-221, p. 399, §2.)

Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 1985–2024 · leading case: State Ex Rel. Pryor v. Martin, 735 So. 2d 1156 (Ala. 1999).
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State Ex Rel. Pryor v. Martin, 735 So. 2d 1156 (Ala. 1999). · cites it 22× “NOTES [1] In addition, we note that the State and the amici contend that the trial court declared all of § 16-11-2 unconstitutional; however, it is clear from the trial court's order that it limited its holding of unconstitutionality to § 16-11-2(b).”
Chism v. Jefferson Cnty., 954 So. 2d 1058 (Ala. 2006). · cites it 2× “, Ala.Code 1975, § 16-11-2 (vesting "[t]he general administration and supervision of the public schools and educational interest of each city" in "a city board of education"); § 16-11-9 (vesting the city board of education "with all the powers necessary or proper for the…”
Linda Stout v. Gardendale City Bd. of Educ., 882 F.3d 988 (11th Cir. 2018). “See Ala. Code § 16-11-2 (b). Although the Council received applications from black residents of Gardendale, the five members selected were all white.”
Laidlaw Transit, Inc. v. Alabama Educ. Ass'n, 769 So. 2d 872 (Ala. 2000). “" Section 16-11-2(a), Ala.Code 1975, states that "[t]he general administration and supervision of the public schools and educational interest of *877 each city shall be vested in a city board of education.”
Marshall Cnty. Bd. of Educ. v. City of Albertville, 479 So. 2d 1127 (Ala. 1985). · cites it 4× “Defendants assert that they were authorized to take this action by Code of Alabama, § 16-11-2. “The plaintiffs filed a Motion for Summary Judgment.”
Stout v. Jefferson Cty Bd Ed (N.D. Ala. 2021). · cites it 3× “In other words, when a city exercises its statutory authority to create a municipal school system operated by a municipal board of education, Alabama law requires the city 2 For purposes of § 16-11-2, a “city” is an incorporated municipality “of 5,000 or more inhabitants.”
Linda Stout v. Gardendale City Bd. of Educ. (11th Cir. 2018). “See Ala. Code § 16-11-2 (b). Although the Council received applications from black residents of Gardendale, the five members selected were all white.”
City of Helena v. Pelham Bd. of Educ. & Rick Rhoades, Angie Hester, Bob O'Neil, Robert Plummer, Sharon Samuel, & Chuck Ledbetter, in their Off. capacities as officers &/or members of the Pelham Bd. of Educ. (Appeal from Shelby Circuit Court: CV-21-900714). (Ala. 2024). “For example, § 16-11-2(b), Ala. Code 47 SC-2023-0516 1975, requires that members of a city board of education be residents of the city the board serves.”
Ala. Code § 16-11-2(a): 1 case
Laidlaw Transit, Inc. v. Alabama Educ. Ass'n, 769 So. 2d 872 (Ala. 2000). “" Section 16-11-2(a), Ala.Code 1975, states that "[t]he general administration and supervision of the public schools and educational interest of *877 each city shall be vested in a city board of education.”
Ala. Code § 16-11-2(b): 3 cases
State Ex Rel. Pryor v. Martin, 735 So. 2d 1156 (Ala. 1999). “NOTES [1] In addition, we note that the State and the amici contend that the trial court declared all of § 16-11-2 unconstitutional; however, it is clear from the trial court's order that it limited its holding of unconstitutionality to § 16-11-2(b).”
Stout v. Jefferson Cty Bd Ed (N.D. Ala. 2021). “In other words, when a city exercises its statutory authority to create a municipal school system operated by a municipal board of education, Alabama law requires the city 2 For purposes of § 16-11-2, a “city” is an incorporated municipality “of 5,000 or more inhabitants.”
City of Helena v. Pelham Bd. of Educ. & Rick Rhoades, Angie Hester, Bob O'Neil, Robert Plummer, Sharon Samuel, & Chuck Ledbetter, in their Off. capacities as officers &/or members of the Pelham Bd. of Educ. (Appeal from Shelby Circuit Court: CV-21-900714). (Ala. 2024). “For example, § 16-11-2(b), Ala. Code 47 SC-2023-0516 1975, requires that members of a city board of education be residents of the city the board serves.”
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