States Supreme Court rejects Alabama Education Association lawsuit
MONTGOMERY Thousands of children in underperforming public schools will be afforded financial assistance to enroll in private schools following Gov. Robert Bentleys signing of the Alabama Accountability Act of 2013" into law today. Alabama is now the 22nd state to offer private school choice.
The Alabama Supreme Court ruled yesterday the bill could go to Gov. Bentley after a Montgomery Circuit Judge responded to an Alabama Education Association lawsuit and blocked the bill from reaching the governors desk.
Parents will finally have the choice to determine the best education for their child" said the bills sponsor Rep. Chad Fincher (R-Mobile).
All children deserve access to a quality education no matter where they live" Gov. Bentley said in a statement. This provides a new option to help children receive the best education possible."
Alabama joins 11 states including neighbors Georgia and Florida that provide credits to taxpayers for donating to nonprofits that distribute private school scholarships. Alabamas program requires that participating childrens family income cannot exceed 150 percent of the states median household income or $62100 for a family of four and that they be assigned to a failing public school as determined by several criteria.
Tax credits will be worth 100 of the contribution made by individuals while businesses credits for donations will be worth 50 percent. The amount of tax credits distributed is capped at $25 million annually.
As a cautious estimate the Friedman Foundation for Educational Choice puts the potential number of scholarships distributed annually at more than 11000. Thats if the $25-million cap is reached and the average scholarship is worth $2090 the nationwide average under similar programs. For the lawmakers who led this effort thats a great start.
Students who have been stuck in failing schools no matter their situation in life will now have access to the quality education they deserve" Rep. Chad Fincher (R-Mobile) the bills sponsor said.
The legislation also provides tax credits directly to parents for private education expenses worth 80 percent of their childrens state per-pupil funding in public school. Families regardless of income level must be assigned a failing public school to qualify. Of the four states that provide tax credits for private school expenses Alabamas personal tax credit is the first to be refundable enabling low-income families to participate.
No student should be forced to remain in a school that cannot provide a quality education and this law allows flexibility and choice for those students" Senate sponsor Bill Holtzclaw (R-Madison) said noting his child currently is enrolled in public school. Often these families find themselves locked into a cycle of poverty as well and school choice can break that cycle."
Both the tax-credit scholarships and personal tax credits take effect by the 2013-14 school year.
