Code of Alabama

Ala. Code § 16-28-1 (2026)

Definitions.

✓ official Alabama Legislature (ALISON) text, current July 2026
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For purposes of this article, the following words, terms and phrases shall have the following respective meanings, unless clearly indicated otherwise:

(1) PRIVATE SCHOOL. Includes only such schools that are established, conducted, and supported by a nongovernmental entity or agency offering educational instruction in grades K-12, or any combination thereof, including preschool, through on-site or home programs.

(2) CHURCH SCHOOL. Includes only schools that offer instruction in grades K-12, or any combination thereof, including preschool, through on-site or home programs, and are operated as a ministry of a local church, group of churches, denomination, and/or association of churches which do not receive any state or federal funding.

(School Code 1927, §302; Code 1940, T. 52, §299; Acts 1982, No. 82-218, p. 260, §1; Act 2014-245, p. 785, §4.)

Notes of Decisions
Cited in 9 cases, 1986–2003 · leading case: Opinion of the Justices, 624 So. 2d 107 (Ala. 1993).
Opinion of the Justices, 624 So. 2d 107 (Ala. 1993). · cites it 2× “Code §§ 16-28-1 et seq. Each of the state's 129 local school systems serves children with disabilities in 13 categories of disability.”
S.H. v. State, 868 So. 2d 1110 (Ala. Civ. App. 2003). · cites it 4× “nding to show that similarly situated students at another Franklin County high school were not treated as CHINS for being tardy five or more times per semester — evidence that, she claims, establishes that she was denied the equal protection of the law; and (4) that she, being…”
State v. L.N.A., 811 So. 2d 637 (Ala. Crim. App. 2001). · cites it 3× “See §§ 16-28-1 through -24, Ala.Code 1975. On its own motion, before it conducted a hearing on the petition, the juvenile court entered the following order: “Act No.”
Sheridan Road Baptist Church v. Dep't of Educ., 396 N.W.2d 373 (Mich. 1986). “, Ala Code, § 16-28-1 et seq., W Va Code, § 18-8-1, as amended, and Vt Stat Ann, tit 16, § 165a.”
State v. K. C. L., 823 So. 2d 1287 (Ala. Crim. App. 2001). “See §§ 16-28-1 through -24, Ala.Code 1975. The appellee filed a motion to dismiss the petition, arguing that Act No.”
Washington v. Kirksey, 811 F.2d 561 (11th Cir. 1987). “He did not possess a state teaching certificate in any other subject as required by Ala. Code § 16-28-1 (1977). With the Army’s action, Washington was no longer authorized to teach JROTC.”
SH v. State, 868 So. 2d 1110 (Ala. Civ. App. 2003). · cites it 4× “tending to show that similarly situated students at another Franklin County high school were not treated as CHINS for being tardy five or more times per semester—evidence that, she claims, establishes that she was denied the equal protection of the law; and (4) that she, being…”
State v. LNA, 811 So. 2d 637 (Ala. Crim. App. 2001). · cites it 3× “See §§ 16-28-1 through -24, Ala.Code 1975. On its own motion, before it conducted a hearing on the petition, the juvenile court entered the following order: "Act No.”
State v. KCL, 823 So. 2d 1287 (Ala. Crim. App. 2001). “See §§ 16-28-1 through -24, Ala.Code 1975. The appellee filed a motion to dismiss the petition, arguing that Act No.”
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