Kala Kachmar

Montgomery Advertiser

Montgomery County Circuit Judge Eugene Reese ruled Wednesday that the Alabama Accountability Act is unconstitutional and issued an injunction blocking the law.

The controversial law, passed during the 2013 Legislative session, allows parents of students in failing schools to apply for tax credits to use for private school tuition. Businesses and individuals can also donate to scholarship funds for tuition in exchange for tax credits.

The lawsuit was filed in August 2013 by Alabama Education Association (AEA) president Anita Gibson, state Sen. Quinton Ross Jr. and Lowndes County Superintendent Daniel Boyd against the state comptroller and revenue commissioner.

Parents of three students – two in Montgomery and one in Mobile – represented by the Virginia-based Institute for Justice nonprofit legal firm intervened on behalf of the defense and became a third party in the suit in October.

Dick Komer, a senior attorney with the Institute for Justice, said they plan to discuss a strategy for appeal with the Alabama Attorney General's Office Wednesday.

"We're disappointed but not at all surprised," Komer said. "Judge Reese is not known to be sympathetic to this sort of (school choice) program. We fully expected that we'd lose at the trial but ultimately prevail."

In the lawsuit, the AEA argued that the procedures used to pass the legislation violates the Constitution, including requirements that the legislation only address one subject, be read three times on three different days in each chamber and maintains its original intent when amended.

The original bill allowed school districts to obtain waivers from certain policies and laws so they could improve the quality of the schools. But Reese ruled that the tax credit and scholarship provisions added to the bill violated the original intent and single subject rules.

"We made the argument that these two (scholarship and tax credit) programs will motivate school districts to improve public schools," Komer said. "If you're going to start losing students, you're going to start caring about those students and doing things to try to retain them."

The AEA also argued that the law violates the Constitution by redirecting funding from public schools to private schools that are sectarian or denominational.

In his judgment, Reese said the Accountability Act violated all three procedural requirements, and therefore that the law is "null and void." He said because it's unconstitutional for those reasons, he doesn't need to address the alleged violation of religion clauses separating church and state.

The injunction doesn't affect tax credits for expenditures made during the 2013-14 year, but prohibits scholarship donations and tax credits from May 28 on.

"The next step is for us to try and get this reversed," Komer said.

Komer said they plan to file a motion that would temporarily remove the injunction during the appeals process, and will also appeal the merits of Reese's judgment.

Gregory Graves, head of the AEA's legal department, said they're pleased with the ruling, and that it's consistent with the organization's belief all along that the law is unconstitutional.

Democrats, including House Minority Leader Craig Ford, D-Gadsden, called the ruling a victory for children and educators.

"It also sends a clear message that the Supermajority in Montgomery cannot simply ignore the law and force through whatever legislation they want," Ford said in a statement.

Senate President Pro Tem Del Marsh, R-Anniston, the driving force behind the changes to the legislation, said he will continue to work toward ensuring Alabama families have more school options.

"This ruling to block school choice in Alabama is unfortunate largely because the law has already been successful in giving children more options to receive quality education," Marsh said in a statement. "I firmly believe this law will stand upon appeal."

The Alabama Attorney General's Office did not immediately comment on the ruling.