Senate chaos during bill debate

MONTGOMERY, Alabama --- Republicans dropped a legislative bombshell tonight as they slammed through a dramatically revamped education bill that will give tax credits for families at "failing schools" to send their children to private school or another public school.

Lawmakers voted mid-day to send a school flexibility bill -- that would let school systems seek waivers from some policies -- to conference committee. The conference committee reported a dramatically different bill that included the flexibility measures plus what some lawmakers called school vouchers.

Republicans heralded it as a historic day for education and life-altering for children stuck in poorly performing schools. But tempers boiled over as Democrats called the maneuver "sleaziness" and a "bait and switch."

The Senate broke down in chaos during the vote with every senator on their feet and many shouting at each other.

"This is historic for the children of this state," Senate President Pro Tem Del Marsh, R-Anniston, said over the shouts of angry Democrats.

"You went behind closed doors... This is not democracy. This is hypocrisy," Sen. Quinton Ross, D-Montgomery, shouted at Marsh.

The House of Representatives approved the bill by a 51-26 vote. The Senate approved the bill 22-11.

Gov. Robert Bentley is expected to sign the bill next week.

"I truly believe this is historic education reform and it will benefit students and families across Alabama regardless of their income and regardless of where they live," Bentley said in a press conference tonight.

"I'm so proud we have done this for the children of this state and especially the children who are in failing school systems and had no way out. Now, they have a way out," Bentley said.

A bill, originally written to allow local schools to seek waivers from some state policies and laws, grew from about eight pages to about 27 pages in the conference committee.

The move drew outrage from Democrats who said the plan was evidently in the works for some time.

"I've never seen such sleaziness," Rep. Thomas Jackson, D-Thomasville, said.

Rep. Mary Moore, D-Birmingham, as she was leaving the House chamber threw her hands over her head and shouted, "Welcome to the new confederacy where a bunch of white men are now going to take over black schools."

Republicans said the bill would free children from the bondage that comes with a poor education.

"For many of these children, what we are doing tonight is life-altering," Rep. Jack Williams, R-Vestavia Hills, said.

Cursing was heard in the legislative hallways as the word of the conference committee spread.

Alabama Education Association Executive Secretary Henry Mabry said the move was "totally unacceptable."

"What they're trying to do is give public money to private schools," Mabry said.

"I was lied to. I was lied to by the Senate Pro Tem. I was lied to by lawmakers," Mabry said.

Parents of children in failing schools could receive an income tax credit equal to 80 percent of the average annual state cost for attendance of a public K-12 student to offset the cost of private school or a transfer to another public school. A failing school is described as one in the bottom 10 percent of statewide reading and math scores, has earned three consecutive D's or an F on upcoming school report cards or is designated by the Department of Education as failing.

It was not immediately clear how many schools would be affected.

Another provision would help families who do not earn enough to receive a tax credit and whose children are in failing schools, Marsh said.

It would call for the state Department of Revenue to set up a nonprofit organization to provide scholarships to students in failing schools to attend private schools or non-failing public schools.

(Birmingham News file/Frank Couch)

Businesses and individuals could receive income tax credits for contributing to the organization. Businesses could receive tax credits equal to 50 percent of their donation, up to 50 percent of their tax liability. Individuals could receive tax credits equal to 100 percent of their donation, up to 50 percent of their tax liability.

The bill would also give failing schools the ability to offer incentives or alternate employment tracks to teachers who waive tenure protections.

Bombshell and unprecedented were words used among lawmakers to describe the night's action.

State Superintendent Tommy Bice and the Alabama Association of School Boards withdrew their support from the legislation after the change.

"NONE of the added language to the Flex Bill has been vetted with us at the State Department/State Board of Education. There are SIGNIFICANT negative financial implications for all of Alabama's public schools. THIS IS NO LONGER THE BILL I GAVE MY SUPPORT TO!" said a statement by Bice that was distributed to lawmakers.

School Board Association Director Sally Howell said, "We are greatly disappointed."

Opposing lawmakers said they had no time to read the bill that came out of conference committee.

Bentley said he knew about some of the ideas in the bill for several days. Marsh said he pushed through passage instead of waiting through the weekend, because the pressure on these members would have been so intense."

Bentley and Republicans held a press conference tonight to cheer the bill's passage.

Speaker of the House Mike Hubbard, R-Auburn, said the bill will "provide some competition for these failing schools."

"In the business world if you are not doing a good job, and someone comes in and does a better job, you either get better or you go out of business," Hubbard said.

Marsh said schools now have incentive to improve.

"We want a successful public school system," Marsh said.

Staff writers Mike Cason and Charles Dean contributed to this report.