Alabama Legislature gives final approval to school voucher-like program

Sen. Arthur Orr, R-Decatur, during a session on redistricting on July 19, 2023 in Montgomery, Ala. (Stew Milne for Alabama Reflector)

The Alabama Senate Wednesday approved a program that would provide public funds for certain education-related expenses after lengthy debate on the Senate floor.

HB 129, sponsored by Rep. Danny Garrett, R-Trussville, also known as the CHOOSE Act, passed 23-9. The bill goes to Gov. Kay Ivey, who said in a statement Wednesday that she “looks forward to signing it into law.”

Sen. Arthur Orr, R-Decatur, carried the bill in the Senate and had filed a Senate companion bill. Orr, the chair of the Senate Finance and Taxation Education Committe, said it would help students by broadening the education opportunities.

“I believe we have a bill that is conservative in nature, and is certainly sustainable in the education budget,” he said.

The bill creates a tax-credit program to provide up to $7,000 to a school-age child, based on a number of factors. The money could be spent on a number of non-public education expenses, including private school tuition, private tutoring or educational software and applications.

The bill underwent a number of changes in the House of Representatives, including adding an overall fund cap; giving priority to children of active-duty service members in priority schools, or schools with “D” or “F” grades on the state’s school report card; and expanding the number of accrediting agencies.

In the first two years, the program will be limited to families making less than 300% of the federal poverty line, or around $75,000 for a family of three. The first 500 spots for special education students are not subject to income-level. Orr said after the 500 spots, children of active-duty service members would get preference. Additional students would be brought in based on economic status.

Starting Sept. 30 2026, the Legislature must appropriate at least $100 million for the program each year.

Democrats in the House and Senate said the program will drain the Alabama Education Trust Fund (ETF), which funds K-12 schools and public colleges and universities in the state. Democratic senators continued to raise objections.

Sen. Rodger Smitherman, D-Birmingham, tried to add an amendment that would provide money for any special needs-related services at zoned schools if the student uses the money to go elsewhere. Orr said that was federal money and could not be calculated.

Smitherman said that children were not being thought of in the process.

“I appreciate you,” said Orr.

“I want you to appreciate these students,” said Smitherman.

Smitherman said the bill would lead to students with more resources to leave public schools, which would increase racial polarization in the public school system.

“It breeds segregation,” he said.

Senate Minority Leader Bobby Singleton, D-Greensboro, said the Senate was not doing their role as the deliberative body.

“This legislation is so important, we’re talking about the livelihood of the future of children and and how children are going to be educated in this state,” he said.

The bill had been fast-tracked in the Senate after a surprise committee meeting Tuesday evening.

During debate, Singleton said that the bill was not an ultimate choice bill as schools can still choose not to accept students.

“You’re being negative,” said Orr.

“I’m just being truthful,” said Singleton.

Singleton said school choice was not about choice but about money for the choice.

Orr said that it was about the parent’s choice to choose the quality of instruction, while Singleton said it was about the use of state dollars.

“There’s not really a choice here for rural school children, which makes up 40% of this public school system in the state of Alabama,” Singleton said. “Some 300,000 kids can be left out of this choice. It’s really no choice to those kids who are receiving free and reduced lunches. Whose parents have to go to work early in the morning and cannot travel to the next county to go to school. It’s not a choice, people. It’s not a choice to them. They got to, they got to, they got to, they got to hammer it out.”

Singleton offered two amendments requiring participating schools to be accredited and to hire certified teachers teaching a subject they were certified in. Both failed. Orr said accreditation can take a long time, and that parents would be able to choose the quality of their instructors. Orr said that additional choice was still added because money is available.

Sen. Larry Stutts, R-Tuscumbia, who sponsored an education savings account bill the previous year which was far more expansive and began as more expensive, also offered two amendments to the bill.

Stutts had an amendment that would have had retirees added to the active-duty military children provision. Orr said retirees’ children were already eligible.

The amendment was tabled.

His second amendment said that money left over in an account could be rolled over until the student is 21. Orr said that would be “problematic.”

The amendment was also tabled.

Stutts said that he did not appreciate his two “thoughtful” amendments being tabled and said he was being “run over.”

Sen. Garlan Gudger, R-Cullman, was the only Republican who voted no. Afterwards, he said it was because his local superintendents and school boards called him and said they did not want money going towards vouchers, charters and private schools.

“I’m here to represent my district and I have to vote my district, and I know my district and so that is why I need to keep public dollars in the public school system,” he said.

The post Alabama Legislature gives final approval to school voucher-like program appeared first on Alabama Reflector.