Alabama School Choice

Boyd v. Magee
Alabama School Choice


Tequila Rogers Alabama school choice parent

IJ client and parent Tequila Rogers would like to keep her son out of a failing public school.  Alabama's Accountability Act allows her to do that.


With the 2013 passage of the Alabama Accountability Act (AAA) by the Alabama Legislature, Alabama joined the growing list of states providing low-income families with greater school choice.  Alabama’s new program focusses on students otherwise trapped in the state’s very worst public schools, the 78 schools rated by the state as “failing.”  The Act empowers these families through two ways:  It provides parents and legal guardians whose children are assigned to these schools with refundable tax credits and also provides individual and corporate taxpayers with tax credits for donations made to qualified charitable organizations that award scholarships to similarly situated children.  In short, Alabama has offered a lifeline to families that would like to escape these failing public schools but have lacked the financial resources to do so until now.

The Alabama Education Association (AEA) and its allies are trying desperately to sever that lifeline.  Despite the rejection by the Alabama Supreme Court of the first two lawsuits it filed against the AAA, the AEA has filed a third suit alleging that the new program violates the religion clauses of the state constitution, as well a kitchen sink full of other claims of alleged constitutional violations.  The AEA fears that if low-income families begin to follow their wealthier peers to private schools that offer an education superior to that of these failing public schools, the public schools will no longer have a captive clientele with no alternative but to accept the inadequate education offered in these public schools.  Simply put, the AEA wants to protect the old way of doing things, in which the lack of competition faced by public schools means that they are not forced to respond to parents’ concerns about the quality of education offered their kids.  That old way may be comfortable for the AEA, which views competition as a threat to its power, but it is intolerable for parents whose kids have been consigned to attend failing schools.

Because the direct and intended beneficiaries of the school choice program are the families it empowers to make educational choices, the Institute for Justice (IJ) has teamed with three parents who are making use of the program.  Representing these parents, IJ filed a motion to intervene in the pending lawsuit in order to help defend the program.  The trial judge quickly granted the motion, which means that the parents and IJ will join with the state, which is represented by the Alabama Attorney General’s Office, to defend this vital educational program.

Courts in Arizona, Illinois, Indiana, Ohio and Wisconsin have upheld many similar programs to Alabama’s.  Moreover, the Alabama Supreme Court has already upheld scholarship programs allowing students to receive state funds to attend Alabama’s private colleges against challenges brought under these same state religion clauses.  Accordingly, the Institute for Justice is confident that the Alabama courts will preserve the educational lifeline this program represents.


Essential Background


Background: Alabama Parents Join Legal Battle To Protect School Choice

Client photo for media use - none available

Client video - none available

Latest Release: Ala. Judge Allows School Choice Program to Operate During Appeal (June 9, 2014)

Legal Briefs and Decisions

none available

Launch Release: Institute for Justice Will Defend Arizona’s Education Savings Accounts For Children with Special Needs (October 10, 2013)

Case Timeline

Lawsuit Filed:


October 10, 2013

Court Filed:


Montgomery County Circuit Court

Current Court: Montgomery County Circuit Court



Case Filed

Next hearing date: To be determined

Additional Releases

Maps, Charts and Facts

Release: Ala. Court Deals Blow to School Choice Program; Parents Announce Intent to Appeal (May 28, 2014)


Release: Court Allows Alabama Parents & IJ To Intervene in Defense of School Choice Program (October 22, 2013)

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Op-eds, News Articles & Links 


Article: AL Supreme Court hears state's Accountability Act case Montgomery Advertiser (December 3, 2014)


Article: School leaders, parents await Accountability Act hearing WAFF-TV (December 3, 2014)


Article: Alabama Accountability Act to be argued before state Supreme Court next month (November 7, 2014)


Article: Alabama judge halts scholarship program for low-income kids World Magazine (June 11, 2014)


Article: Judge delays enforcing school tax credits ruling The Associated Press (June 9, 2014)


Article: Lawyers for state, parents move to lift judge's ruling blocking Alabama Accountability Act Birmingham News (May 29, 2014)


Article: Montgomery County judge: Accountability Act unconstitutional The Associated Press (May 29, 2014)


Article: Tax credits for private schools struck down as unconstitutional The Associated Press (May 28, 2014)

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