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The Alabama Accountability Act

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Reed Dudley
Reed Dudley

The document provides background information on the Alabama Accountability Act (AAA) which was passed in 2013 and amended in April 2022. It allows flexibility contracts between the state and local school districts, and creates tax credits for families and donors to private schools. Opponents argue it takes funding from struggling public schools. Supporters see it as providing alternatives for families in "failing" schools and competition for public schools. Key concerns are how "failing" schools are defined, using public funds for private schools, and limiting choice for transfer students.

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The Alabama Accountability Act
Background of the AAA 0Passed into law on February 28, 2013. Amended recently on April 30th. 0Proposed and supported by Alabama House/Senate Republicans and the Alabama Association of School Boards. 0Heavily opposed by Alabama Education Association (AEA), a statewide organization that represents public school teachers within the state, and Alabama House/Senate Democrats.
The Basics 0 Allows for flexibility contracts between the State Board of Education and local school districts. 0 Creates tax credits for families with children in failing schools to attend a private school or non- failing public school. 0 Creates tax credits for individuals and businesses who donate to scholarship fund for students to attend private school.
Flexibility Contracts 0 Local school systems given the opportunity to create their own flexibility plan for both programs and budgets. 0 Plan allows systems to opt out of particular laws, policies, regulations, etc. so long as they do not infringe on specific federal and state laws regarding health and safety, transparency, and ethics. Cannot be used to form charter schools. 0 All this can be done in exchange for specific incentives, namely budget increases and freedom over programming. This takes away crucial funding and resources from failing public schools.
Tax Credits for Families 0 Tax credit is equal to 80% of average annual state cost of attendance for a public K-12 student. 0 Objective to offset cost of private education tuition and provide alternatives for families stuck in a failing school. 0 Private and non-failing public schools do not have to accept students. Madison County has specifically spoken out about this, saying that they will not accept transfers. 0 Effectively, this is an attempt to create false competition between the public and private schools. It takes away crucial funding and resources and only holds benefits for private schools and public schools in high-income areasMountain Brook, Spain Park, Hoover, etc.
Tax Credits for Businesses 0 Non-profit scholarship organizations will be set up by and approved the Department of Revenue. 0 Businesses who will receive a tax credit equal to 50% of their donation and 50% of their tax liability. 0 Individuals who donate will receive tax credits equal to 100% of their donation and 50% of their tax liability. 0 Organization must adhere to these 3 specific parameters: 0 Must expend at least 95% of funds on scholarships. 0 At least 75% of funds must be used for scholarships for students coming from failing schools. 0 Must allocate large portion of funds for low-income eligible students.
Governor Robert Bentley on the AAA The bill would not have passed had all the school systems, AEA, and everyone known about it, the governor said. There were about three of four senators who probably would not have voted for it and I dont think it would have passed. This speaks for itself.
Main Areas of Concern 0 What defines a failing school? Failing schools are almost always high- poverty schools. 0 Crucial funding for public schools being given to private schools. This opens up the opportunity to de-fund public education via private entities. 0 Misappropriation of public tax dollars. Establishment Clause of the First Amendment of the Constitution states that state tax dollars may not be used to fund religious organizations. 0 The only choice guaranteed a continuation of a private schools right to pick and choose who they allow admissionthis time with state funding. Extremely illegalsee the Supreme Courts rulings on Sloan vs Lemon and Committee for Public Education & Religious Freedom vs Nyquist for more information.
How Does This Apply to SFER? 0 The AAA only contributes to and widens the achievement gap that we are seeking to close by taking away crucial funding and resources from public schools.

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The Alabama Accountability Act

  • 2. Background of the AAA 0Passed into law on February 28, 2013. Amended recently on April 30th. 0Proposed and supported by Alabama House/Senate Republicans and the Alabama Association of School Boards. 0Heavily opposed by Alabama Education Association (AEA), a statewide organization that represents public school teachers within the state, and Alabama House/Senate Democrats.
  • 3. The Basics 0 Allows for flexibility contracts between the State Board of Education and local school districts. 0 Creates tax credits for families with children in failing schools to attend a private school or non- failing public school. 0 Creates tax credits for individuals and businesses who donate to scholarship fund for students to attend private school.
  • 4. Flexibility Contracts 0 Local school systems given the opportunity to create their own flexibility plan for both programs and budgets. 0 Plan allows systems to opt out of particular laws, policies, regulations, etc. so long as they do not infringe on specific federal and state laws regarding health and safety, transparency, and ethics. Cannot be used to form charter schools. 0 All this can be done in exchange for specific incentives, namely budget increases and freedom over programming. This takes away crucial funding and resources from failing public schools.
  • 5. Tax Credits for Families 0 Tax credit is equal to 80% of average annual state cost of attendance for a public K-12 student. 0 Objective to offset cost of private education tuition and provide alternatives for families stuck in a failing school. 0 Private and non-failing public schools do not have to accept students. Madison County has specifically spoken out about this, saying that they will not accept transfers. 0 Effectively, this is an attempt to create false competition between the public and private schools. It takes away crucial funding and resources and only holds benefits for private schools and public schools in high-income areasMountain Brook, Spain Park, Hoover, etc.
  • 6. Tax Credits for Businesses 0 Non-profit scholarship organizations will be set up by and approved the Department of Revenue. 0 Businesses who will receive a tax credit equal to 50% of their donation and 50% of their tax liability. 0 Individuals who donate will receive tax credits equal to 100% of their donation and 50% of their tax liability. 0 Organization must adhere to these 3 specific parameters: 0 Must expend at least 95% of funds on scholarships. 0 At least 75% of funds must be used for scholarships for students coming from failing schools. 0 Must allocate large portion of funds for low-income eligible students.
  • 7. Governor Robert Bentley on the AAA The bill would not have passed had all the school systems, AEA, and everyone known about it, the governor said. There were about three of four senators who probably would not have voted for it and I dont think it would have passed. This speaks for itself.
  • 8. Main Areas of Concern 0 What defines a failing school? Failing schools are almost always high- poverty schools. 0 Crucial funding for public schools being given to private schools. This opens up the opportunity to de-fund public education via private entities. 0 Misappropriation of public tax dollars. Establishment Clause of the First Amendment of the Constitution states that state tax dollars may not be used to fund religious organizations. 0 The only choice guaranteed a continuation of a private schools right to pick and choose who they allow admissionthis time with state funding. Extremely illegalsee the Supreme Courts rulings on Sloan vs Lemon and Committee for Public Education & Religious Freedom vs Nyquist for more information.
  • 9. How Does This Apply to SFER? 0 The AAA only contributes to and widens the achievement gap that we are seeking to close by taking away crucial funding and resources from public schools.