Alabama Supreme Court upholds historic school choice bill

Alabama Supreme Court building, Montgomery, Ala.

MONTGOMERY, Ala. — The Alabama Supreme Court has upheld the Alabama Accountability Act (AAA), the state’s first school choice legislation.

In May, Montgomery Circuit Judge Eugene W. Reese ruled the law unconstitutional in response to a suit filed by the AEA, Democrat state Sen. Quinton Ross, and the Lowndes County School Superintendent.

The plaintiffs argument in that case was that the AAA violated Alabama’s Constitution by, among other things, including more than one subject in the bill. The original bill allowed local school districts to apply to receive flexibility from certain state regulations, but was ultimately expanded to include the school choice provisions as well.

The law provides tax credits for parents of students in failing school districts who transfer to non-failing public or private schools, and allows the creation of scholarship granting organizations (SGOs). Donations to the SGOs are able to be credited against personal and corporate state tax liabilities up to a certain amount.

At the time of the Montgomery court’s ruling, legal experts predicted that it would not withstand appeal. It is extremely rare for a law to be struck down for violating the “single-subject rule.” Courts tend to show a great deal of deference to the Legislature as long as different parts of a bill are conceivably connected.

And as predicted, Monday evening’s ruling overturned each of Judge Reese’s rulings.

The Accountability Act was passed and signed into law under some controversy in 2013, when it emerged as a “substitute” bill for another piece of legislation under a different name. Though the substitute contained much of the original legislation, the addition of the school choice program was the root of the several lawsuits that led to Monday’s ruling.

Alabama Speaker of the House Mike Hubbard celebrated the ruling in a press release Monday evening.

“The Supreme Court Ruling on the Alabama Accountability Act is a win for parents, a win for students, and a win for school choice in the state of Alabama,” the speaker said in the release. “I look forward to hearing even more success stories as this law continues to work in our state. We are committed to expanding school choice in Alabama until every child has the chance at a quality education regardless of their income or zip code.”

“We are very pleased, yet not surprised, that the Alabama Supreme Court upheld the constitutionality of the Alabama Accountability Act,” Katherine Robertson, Vice President of the Alabama Policy Institute which submitted an amicus brief with the Supreme Court on the Alabama Accountability Act told Yellowhammer Wednesday evening. “The Court wisely rebuffed the politically-driven attempt to do away with a law that has delivered hope to so many Alabama families in the form of school choice. This decision should be of great encouragement, not only to the beneficiaries of the Act, but to the many individuals and businesses who have supported it through donations to scholarship programs.”

Newly-elected ALGOP chairwoman Terry Lathan had this to say about the ruling.

“The Alabama Republican Party has been supportive of school choice for families and is pleased to see the Alabama Supreme Court has ruled that the Alabama Accountability Act did not violate our state constitution or any of our state laws. Giving parents the choice to choose a good school for their children that are zoned in failing school districts was a historic and monumental move in the right direction for education in Alabama.”

“The Alabama Supreme Court’s decision today is a loss for activist judges and status quo union bosses, but a major win for parents and children trapped in failing schools across the state,” Alabama Senate Pro Tem Del Marsh said in a press release. “I am glad that all children will be able to continue to receive the quality education they deserve.

“I look forward to working with my colleagues as we continue to improve education in Alabama and allow parents to make decisions about what is best for their child’s education.”

Chad Mathis, former 6th Congressional district candidate, orthopedic surgeon, and chairman of the Alabama Federation for Children, a pro-school choice group in the state, said in a release Monday evening that, “We are thrilled for the nearly 3,000 low-income, mostly minority students who are currently exercising educational choice through programs created by the Accountability Act and the many students that will continue to have that option in the future.”

This story is still developing and will be updated as more details emerge.