Judge Overturns Alabama Accountability Act

A Montgomery County circuit court judge has overturned the Alabama School Accountability Act saying it’s unconstitutional.
Â
The law provided tax credits for parents who moved their children from failing public schools to other schools, even private ones.Â
Â
There have been lawsuits challenging this law since it was passed last year. But the fight is far from over.Â
Â
Judge Gene Reese ruled the law is unconstitutional because it covers more than one subject. Republican State Senator Dick Brewbaker says that’s just not the case.
Â
“I just don’t think that’s going to fly at the appellate level. It’s complicated issue in a complex bill so while it took in a lot of different areas it still only dealt with one thing, how to get scholarships in the hands of a certain group of students who are zoned for failing schools,” said Sen. Brewbaker.
Â
The Alabama Accountability Act passed last year and Democrats are still upset about how it all happened.
Â
They say Republicans changed the bill at the last minute and cut off debate to get it to pass.
Â
“They had a bill that was talking about flexibility for administrators and schools to be able to spend money in a more flexible manor but they also went in a very secretive way and added tax credits. When you do things like that in the legislative process you can expect this type of results,” said State Representative John Knight.
Â
The circuit court’s decision is being appealed, so nothing is set in stone for next year’s set of tax credits yet. Senator Brewbaker says he does not expect the court’s decision to hold out.
Â
“In the long run I think it means very little. I think this outcome in Montgomery County circuit court was not completely unexpected and I have a feeling that as it’s appealed up to the Supreme Court that the Accountability Act will remain in force.”
Â
Representative Knight is worried that Republicans are disregarding the law for their own agenda.
Â
“I think that’s so unfortunate because it seems as you talk to them there’s very little concern for the rule of law and more concern for having a Republican Supreme Court,” said Knight.
Â
The judge’s ruling won’t affect anyone who applied for the credits for this past school year but it’s still unclear about what’s going to happen for students this fall.



