The all-Republican Alabama Supreme Court decided Wednesday afternoon against the restraining order a Democrat Montgomery Circuit Judge ordered to prevent Gov. Robert Bentley from signing the Alabama Accountability Act.
Montgomery Circuit Judge Charles Price’s original injunction mandated a hearing for the AEA’s lawsuit against passage of the bill this Friday. But with the barrier of the injunction out of the picture, the bill, which was passed almost two weeks ago, could find its way to Bentley’s desk as early as Thursday morning when the House convenes.
The bill started as an eight-page school flexibility bill that would allow school systems to seek waivers from some state policies, such as tenure for teachers and administrators. However, different versions were passed in the House and Senate, which led to debate among lawmakers and residents throughout Alabama.
“At some point during the meetings of the conference committee, some of the Republicans called for a recess,” Joseph Smith, a professor in the department of political science, said. “When they came back from the recess, they had a new bill that was much longer and much different. Part of it included tax credits for people whose children are assigned to failing schools, and it allowed tax credits if those parents sent their children to private schools.”
The surprise bill was quickly passed in both chambers minutes after being released by the committee. The state superintendent, along with many other educators and education experts who had supported the original bill, withdrew their support when the new version was introduced.
Many opponents of the bill argue the Republicans violated committee rules to push the bill through. Bill Stewart, professor emeritus of political science, said this incident underscores a larger concern about the time state politicians devote to studying legislation.
“I say ‘incrementally’ because I believe that, historically, whether it was controlled by Democrats or, now, Republicans, much legislation has not been presented and studied in an adequate way,” Stewart said. “Especially in the case of appropriations bills, it is not unusual for members to have to vote on legislation, which they could not have had the opportunity to read, much less study in depth.”
While the authors and supporters argue it allows students to escape failing schools, opponents claim the bill will only drive public schools into further failure and increase the economic and racial disparity in Alabama’s education system.
“This is essentially voucher and charter school legislation rolled into one. Despite the explicit claim in the bill is not about charter schools, it is very much the language of charters,” John Petrovic, a professor of educational foundations and policy studies in the college of education, said. “Such choice schemes are intended to help all students get out of ‘failing’ schools. But, the best that can be said about both of these choice schemes is that the research is mixed. That said, the preponderance of the evidence from such experiments around the world indicates one consistent, predictable effect: increased stratification along socioeconomic and racial lines. This negative effect is typically accompanied by little to no gain in terms of academic achievement.”
Proponents of the bill say the failing schools will be forced to improve if they want to keep their students and the funding that comes with them. However, Petrovic said competition does not easily apply to education the same way that it does to manufacturing.
“The idea that competition drives excellence is simply false when applied to education, and that seems to be what this bill is about,” Petrovic said. “Unfortunately, it has become ideological common sense in our culture. So, these choice schemes are gaining traction across the country, and they, unfortunately, undermine the ideal of schools being ‘the great equalizer,’ the democratic vision of Horace Mann. Clearly, the bill will lead to further headlines demonizing public schools in Alabama, already underfunded. It will contribute, in a real sense, to a self-fulfilling prophesy.”
Because the bill does not outline the methods for funding, some suspect the funds for the tax-credit program will be taken from the state’s general education fund, the same trust that funds Alabama’s public universities, in addition to the K-12 public systems.
“In my opinion, if AAA is signed, it will increase the political competition for already insufficient education funds,” Stewart added. “There will be a larger number of people who want a piece of the pie, and the advantage will lie with the most politically skilled who have good relations with Alabama’s Republican leaders.”
Gov. Bentley said in a statement that the Department of Education will be responsible for defining failing schools, but there is currently no official definition for what constitutes one. A failing school is typically described as one in the bottom 10 percent of statewide reading and math scores, has earned three consecutive Ds or an F on upcoming school report cards, or is designated by the Department of Education as failing.
“My greatest concern is that the professionals who will be responsible for implementing [the bill] had nothing to do with it, were not allowed to have any input in the outcome or what the bill will provide,” Shelley Jones, former president of the Tuscaloosa City Schools Board, said.
