AEA battles tax credits in court, at ballot box


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MONTGOMERY, Ala. (AP) — The state teachers' organization is fighting private school tax credits in court and the architect of the tax credits at the ballot box.

The Alabama Education Association's political action committee filed a campaign finance report showing the largest donation it gave in March was $50,000 to Democratic state Senate candidate Taylor Stewart, an Anniston attorney and son of former U.S. Sen. Donald Stewart of Anniston. Taylor Stewart is opposing Republican Sen. Del Marsh of Anniston, who was the chief architect of the Alabama Accountability Act.

The Republican majority in the Legislature passed the act last year over the objection of most Democrats, and it took effect with the 2013-2014 school year. It permits students in public schools rated as failing to transfer to non-failing public schools or private schools. It provides state income tax credits of $3,500 per child for a parent to cover the cost of moving a child from a failing public school to a participating private school. It also provides tax credits to individuals and businesses that donate to programs providing scholarships for low-income students to attend private school.

AEA members filed two suits over the law after it passed. One contended the Legislature violated Alabama's open meetings law in passing the act, but that suit got blocked by the Alabama Supreme Court in September. The other addressed the specifics of the law, and it is pending before Montgomery County Circuit Judge Gene Reese. He has heard arguments from both sides, but has not ruled.

AEA contends the act damages public schools by taking away millions of dollars. It says the tax credits reduce state income tax collections, which support public education.

Marsh and other advocates say the act allows students trapped in failing schools the choice to pursue a better education elsewhere.

Marsh said Thursday he's not surprised AEA is supporting his opponent. "They oppose any school choice and always have," he said.

Stewart said if he is elected, he will push to repeal the Alabama Accountability Act. "Our public education system is not failing, and we need to support public education," he said Thursday.

AEA spokeswoman Amy Marlowe the Alabama Accountability Act is a major issue in deciding who to support. "It was our position that someone who voted for the Alabama Accountability Act voted against public education," she said.

The campaign finance report from AEA's PAC shows it gave large amounts last month to opponents of other legislators who voted for the act.

It gave $25,000 each to Republican Bruce Whitlock, a Cullman County store owner and bus driver, and former Democratic state Rep. Angelo "Doc" Mancuso, a Decatur physician. Both are running against Republican Sen. Paul Bussman of Cullman.

AEA's PAC also donated $25,000 each to Democrat Terry Jones, an educator from Hazel Breen who is running against Republican Rep. Jim Patterson of Meridianville; educator Bobby Jackson of Athens, who is opposing Republican Rep. Dan Williams of Athens in the GOP primary; and Republican Ginger Fletcher, who is challenging Republican Rep. Kerry Rich of Albertville.

Marsh said AEA appears to be trying to elect enough legislators to repeal the act, but he said he doesn't expect that to happen because parents like having an option for their children.

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