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MONTGOMERY, Ala. (AP) — The Alabama Supreme Court on Monday upheld a GOP-championed school-choice law that gives tax credits to help some families pay for private school.
The justices said the law does not violate restrictions on giving public funds to private, religious schools because the tax credits go to parents and to scholarship program donors, not to the schools. They also said Republican lawmakers acted legally when they passed the bill the same night that it was introduced in a conference committee.
Senate President Pro Tem Del Marsh called the decision a win "for parents and children trapped in failing schools across the state."
"I am glad that all children will be able to continue to receive the quality education they deserve," said Marsh, who was a chief force behind the 2013 law.
The Accountability Act offers income-tax credits — a dollar-for-dollar reduction on tax bills — to help parents pay for private school if their child is currently enrolled in a public school designated as failing. Individuals and corporations can also get tax credits for donations to scholarship programs that help families pay for private school.
The decision was a victory for GOP lawmakers who passed the measure in 2013 based on the argument that parents should have a choice regarding their children's education, but a defeat for those who challenged the policy as an improper use of public tax dollars to support private schools.
"It's no surprise that an all-Republican court upheld Republican legislation," said House Minority Leader Craig Ford, D-Gadsden. "I imagine this will continue to be appealed and is not over yet."
A Democratic state senator and a county school superintendent who challenged the law argued that the program equates to public support for private education and is using reimbursements, rather than direct payments, to accomplish that goal.
Democrats were also upset by the manner in which the bill passed. In a conference committee, the Republicans added the tax-credit program to an existing bill that dealt with allowing schools to apply for waivers from state education policies. The GOP-controlled Legislature gave final approval to the revamped bill the same evening in a quick succession of votes that came over the angry shouts of Democrats.
Democratic Sen. Quinton Ross of Montgomery, who challenged the law in court, said there was no meaningful debate on the proposal. Ross had argued the way the bill was approved violated proper procedure and a requirement that each bill deal with a single subject.
Alabama Attorney General Luther Strange said the lengthy court decision "rejected all claims against the Act and thereby handed a victory to parents wishing more flexibility for their children's education."
The Accountability Act prioritizes scholarships for children enrolled in public schools designated as failing by the law. However, they can offer the scholarships to other students if they have leftover funds.
The Alabama Opportunity Scholarship Fund, the largest scholarship-granting organization and a group started by former Gov. Bob Riley, has awarded 2,830 scholarships this school year. About half went to students zoned for schools designated as failing, and the others to low-income students zoned for other public schools, according to the group.
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