Gov. Kay Ivey signs school choice bills into law
When the State Legislature left town for the year on Tuesday, they left a lot of bills on the desk for Governor Kay Ivey to consider. Ivey signed into law a handful of bills on Thursday that she says deliver on her promises and will benefit Alabamians now and in the future. During the governor’s inaugural and state of the state addresses, Ivey promised that more parents in Alabama emphasized the importance of improving school choice in Alabama. Ivey said that those efforts must begin with improving the school choices that Alabama already has: Public charter schools and the Alabama Accountability Act scholarship program. The Legislature responded by passing both House Bill 363 and Senate Bill 263. Upon signing those bills in her office earlier today, the governor then issued the following comment: “While some parents in other states are finding themselves being forced aside, here in Alabama, we believe strongly that a parent should be able to decide what is best for their own child’s education. To help support high-quality education and create more choices for parents, I have prioritized improving school choice. Both HB363 and SB263 will certainly help us make progress, and the bill sponsors, Representative Terri Collins and Senators Donnie Chesteen and Will Barfoot did yeomen’s work in getting this needed legislation across the finish line. I am proud to put my signature on these two bills so that more students have an opportunity for a strong educational experience.” SB263 is an expansion of the landmark 2013 Alabama Accountability Act, which created a mechanism for scholarship granting organizations to award scholarships for students in Alabama’s most dreadful public schools. Chesteen said that in the old bill, students from just 79 failing schools can apply for scholarships to leave their failing schools. This will open it up to students from a school with a D or an F on its report card – 212 schools. SB263 would open up to 25% of the scholarships for students who live outside of those targeted D and F-scoring schools if they meet the poverty thresholds. It also raises the poverty thresholds for children to be eligible for the scholarships and changes the name the state uses for its most dreadfully performing schools from failing schools to priority schools. Collins explained that HB363, the Alabama School Choice and Student Opportunity Act, changes the appointment process for the Alabama Public Charter School Commission; authorizes the Commission to hire staff; requires commissioners to receive annual training; provides additional guidelines for the authorizing and application review process; provides further for the operational and categorical funding of public charter schools in their first year of operation; and clarifies the per pupil federal, state, and local funding of conversion public charter schools during their first year of operation. “All charter schools are public schools,” explained Rep. Collins. “We have three conversion schools in Montgomery, Mobile, West Alabama, Birmingham has a few, Fairfield, and there are a couple more in Montgomery.” The current law allows a public school system to convert an existing public school into a charter school. It also allows nonprofit groups that recognize a need to take their own funds to build and operate a charter school and apply for permission from the local school authorities to open a charter school. If that application is denied, that organization may submit its request to the Alabama Public Charter School Commission for review. Governor Ivey also successfully championed funding charter schools in addition to this needed legislation. A much more vigorous expansion of school choice – the PRICE Act – was never considered on the floor of either House. SB202/HB295 was carried by Sen. Larry Stutts (R-Sheffield) and Rep. Ernie Yarborough (R-Hartselle). It would have allowed education dollars to follow the child and was not limited to just poor children or children zoned to the worst schools in the state. It was not regulated by a state commission as to whether an alternative was needed or not. Every child in the state would have been given $6,900 in an education savings account that could have followed the child to another public school, a private school, a church school, or even to cover the expenses of home school. That legislation was strongly opposed by the Alabama Education Association (AEA) and the Alabama School Superintendents. Speaker of the House Nathaniel Ledbetter (R-Rainsville) told reporters moments after the regular session ended on Tuesday that more school choice bills will likely be passed in future legislative sessions. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Bills expanding school choice options advance in Legislature
Bills to increase school choices for parents are still being considered by Alabama state legislators as time remaining in the 2023 Alabama Regular Legislative Session is starting to become an issue. There is growing support for giving parents options on where their children are educated. Now how to do that without harming the existing legacy public school systems is an issue that the Alabama Legislature is presently grappling with. House Bill 363 (HB363) is sponsored by State Rep. Terri Collins. HB363 passed the Alabama House of Representatives on a 76 to 25 vote on May 11. Since then, the charter schools legislation has been referred to the Senate Education Policy Committee. HB363 is on the committee agenda for Wednesday at 1:00 p.m. in the Finance and Taxation Room on floor eight of the Alabama Statehouse. The Alabama School Choice and Student Opportunity Act changes the appointment process for the Alabama Public Charter School Commission; authorizes the Commission to hire staff; requires commissioners to receive annual training; provides additional guidelines for the authorizing and application review process; provides further for the operational and categorical funding of public charter schools in their first year of operation; and clarifies the per pupil federal, state, and local funding of conversion public charter schools during their first year of operation. “All charter schools are public schools,” explained Rep. Collins. “We have three conversion schools in Montgomery, Mobile, west Alabama, Birmingham has a few, Fairfield, and there are a couple more in Montgomery.” The current law allows a public school system to convert an existing public school into a charter school. It also allows nonprofit groups that recognize a need to take their own funds to build and operate a charter school and apply for permission from the local school authorities to open a charter school. If that application is denied, then that organization may submit its request to the Alabama Public Charter School Commission. Senate Bill 202 (SB202) is sponsored by State Senator Larry Stutts. The Parental Rights In Children’s Education (PRICE) Act for K-12 education “would secure the fundamental constitutional rights of parents to direct the education of their children according to their religious faith, beliefs, values, and morals. This bill would create and provide for the PRICE Program and would establish a three-year phase-in period.” It establishes a Parent Advisory Board and “would provide for the funding of the PRICE ESA Fund and the PRICE Administration Fund for the costs of administering the PRICE Program.” The bill would also provide for implementing and administrating the PRICE Program and using education savings accounts. It would specify the qualified expenses that can be paid from an education savings account. The bill would give parents $6,900 to put into an Education Savings Account that the parents could use at a public school, a public charter school, a private school, or a religious school. SB202 spent three weeks in Senate Committees; but received a favorable report on May 17. The program cost was capped at $50 million in the substitute that passed the committee. SB202 could be considered by the full Senate as early as Tuesday. House Bill 295 (HB295) is sponsored by Rep. Ernie Yarborough. HB295 was referred to committee in the House and has not been acted on in committee and is not on the committee agenda for Wednesday. That the House has yet to address HB295 is not a good indicator for the PRICE Act if it gets out of the Senate. Senate Bill 297 (SB297) is sponsored by Sen. Will Barfoot. SB297 is the Senate version of HB363. It received a favorable report from the Senate Education Policy Committee on May 11. It could be considered by the full Senate as early as Tuesday. SB297’s having advanced in committee indicates that HB363 will also advance out of committee. The Alabama Republican Party has endorsed school choice, but the Alabama Education Association and the Alabama School Superintendents Association are both staunchly opposed to any serious expansion of parental choice. Republicans have commanding supermajorities in both Houses of the Alabama Legislature, so they can pass school choice whether or not Democrats are in support. The question is how many Republican legislators are influenced by conservative principles on government versus how many are influenced more by lobbyist campaign dollars. Tuesday will be the 24th legislative day of the 2023 Alabama Regular Legislative Session. The Constitution of Alabama of 1901 limits the regular session to a maximum of 30 legislative days. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
House passes major rewrite of adoption laws
On Thursday, the Alabama House of Representatives voted in favor of a massive rewrite of Alabama’s adoption laws. Sponsors say the rewrite will make adoptions faster, more economical, and less complicated. House Bill 101 (HB101) is sponsored by State Representative Ginny Shaver. Shaver told reporters, “Cutting down on the court procedures and filings will save money, but it has a bigger savings on time.” The bill decreases the time in a child abandonment case before that child can be put up for adoption from six months to four months. “It is a big-time savings, which is hugely important in getting children into a permanent home as soon as possible,” Shaver said. The Alabama Law Institute has had a committee working on modernizing and improving the laws for adoptions for four years to develop this rewrite of the existing adoption statutes. “This is not a Ginny Shaver bill. This is a Law Institute bill,” Shaver said. “They were the experts that know all the ins and outs.” “It has not been changed much in the last thirty years,” Shaver said. “(This legislation) can save up to two years of time. It identifies the proper court to terminate parental rights. It also allows the courts to use electronic communications.” “It specifies that if a married couple wishes to adopt, that both parents have to appear on the petition to adopt,” Shaver said. “We are all touched by adoptions in one way or the other,” Shaver said. “I have a sister who was adopted.” The House passed House Bill 101 and House Bill 1, which raised the penalties for fentanyl trafficking, during this first week of the regular session. Speaker of the House Nathaniel Ledbetter said, “We have changed lives for generations to come. These were my top two priorities. I am excited to get those two major bills passed out of the House.” Ledbetter said that updating the adoption law has needed to be done for years. “I think there was urgency,” Ledbetter said. “It has been a process that has been going on for four years. It should have been corrected a long time ago. Rep. Matt Simpson, an attorney, told reporters, “I am ecstatic. Adoption is part of the practice that I do. That adoption committee met every other week for four years. You had probate judges from all over the state. You had attorneys on that zoom call working on that.” “Adoptions are difficult, and they shouldn’t be,” Simpson said. “It doesn’t need to cost $40,000 to $50,000 to get an adoption done.” Shaver said that presently the state has 5,700 children being cared for by the state, but only 220 are currently available for adoption. “Are all of these children in foster care?” Rep. Laura Hall asked. Shaver replied, “They (the 5,700 kids) would be in some sort of supported system, whether it is foster care or a children’s home.” Shaver said that this legislation speeds up adoptions because it allows different courts to communicate with each other electronically and by decreasing the time in child abandonment cases from six months to four months. Hall said, “We must find a way. We must find the resources so that we are providing all that child needs.” Shaver explained, “Adoptions start in probate courts, but parental rights termination goes to juvenile court. If there is a challenge, it goes to juvenile court.” State Rep. Ernie Yarbrough attempted to bring an amendment that would have banned any vaccination requirements for people who want to be foster parents. “I love the bill, and I am totally for the bill,” Yarborough said. “Most of the adoptions that happen in the state are foster adoptions. I have a lot of my constituents who are not allowed to participate in the foster-to-adoption process because they are opposed to vaccine mandates.” Yarborough argued that Alabama’s adoption and foster care process “should be free from vaccine mandates.” Shaver said, “This bill has been worked on for four years. You should bring this as a separate bill. There are unintended consequences from this, including decreasing our federal funds.” At Shaver’s request, the House voted to table the Yarborough amendment 58 to 24. Health Freedom Alabama wrote on Facebook afterward, “The majority voted to kill the amendment and it did not pass. The majority of the House members did not see value in removing vaccine status discrimination policies that actually limit the number of families willing and able to adopt or foster to do so.” “I was not taking any amendments from the floor,” Shaver told Alabama Today afterward. “They need to bring their own bill.” HB101 passed the Alabama House of Representatives 105 to 0. 99 members signed on as co-sponsors. “I am glad to get it across the finish line,” Shaver said. “It has been a long time coming.” HB101 now goes to the Alabama Senate for their consideration. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Conservatives hold rally and prayer service in front of the Alabama State Capital
On Thursday, a variety of conservative groups held a prayer service and rally for their issues in front of the Alabama Statehouse. The Alabama Citizens Action Program (ALCAP) and Alabama Eagle Forum held a prayer service and followed that with a rally by the Campaign for Common Sense. The welcome-back rally urged legislators to advance a socially conservative agenda in the 2023 Alabama Regular Legislative Session that began on Tuesday. ALCAP President and CEO and talk radio host Greg Davis said on Facebook, “We had a blessed time of prayer in Montgomery at the Statehouse steps yesterday with ALCAP – Alabama Citizens Action Program. I encourage all Christians to include those who serve us thru Government on your prayer lists and then truly lift them up to God!” Several speakers urged the Legislators to jettison the unpopular Common Core educational standards – renamed the Alabama College and Career Ready Standards by the state school board. The Rev. John Killian said that the state will not succeed educationally while Common Core remains in place. The Campaign for Common Sense Director Lou Campenosi said, “We have been coming here for 13 years, and still nothing has been done.” Campenosi said that the state of Alabama had gone from 20th in educational performance to 52nd in state educational rankings since switching to the Alabama College and Career Ready Standards. The Director of Alabama Eagle Forum, Becky Gerritson, told Alabama Today that State Sen. Larry Stutts and State Rep. Susan Dubose will introduce legislation in each House to prevent pregnant women from being able to obtain medical marijuana – which will become legal in Alabama by the end of the year. Gerritson said that the group would also support a bill to expand school choice for families across Alabama – the Universal School Choice Act. State Auditor Andrew Sorrell advocated for legislation to give his office powers similar to that of other state auditors. Sorrell said that he had been criticized as being “too conservative,” but in the recent November general election, it was he who won by the largest margin showing that true conservatives can win. Sorrell said that Florida Governor Ron DeSantis governed as a conservative and was rewarded with an easy re-election. State Rep. Ernie Yarbrough vowed to support the school choice bill. Former ALCAP Director Joe Godfrey said on Facebook, “Glad to have been a part of the ALCAP Prayer Rally led by Greg Davis.” Stephanie Durnin with the Healthcare Freedom group advocated for passage of the Healthcare Freedom Act. The controversial legislation would prevent employers from being able to require employees to be vaccinated. Durnin said that some workers who refused to get the vaccine are required to submit frequent COVID-19 tests. Durnin said that this was unfair and unjust. Healthcare Freedom wrote on Facebook, “We expect our legislators to pass the #neveragain legislation called the Alabama Health Freedom Act (AHFA) this session. We need your help to make this happen. Here’s your first CALL TO ACTION to kick off this legislative session right…” Other speakers included: former State Auditor Jim Zeigler, 1819 news podcaster Bryan Dawson, Jarman Leatherwood, Angela Shepard, Jackie Connell, Dr. Rick Lance, and others. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Several Alabama legislators lose to primary challengers
At least six members of the Alabama Legislature lost to primary challengers on Tuesday, according to unofficial returns, and several races are yet to be decided. In one of the tightest races, Republican Sen. Tom Whatley of Auburn is trailing challenger Jay Hovey by four votes, according to unofficial returns. Provisional ballots will be counted next week. Hovey is a member of the Auburn City Council. In the House of Representatives, Rep. Will Dismukes of Prattville lost to challenger Jerry Starnes. His defeat came after a series of political and legal troubles. Dismukes had faced calls for his resignation in 2020 after participating in a celebration marking the birthday of Nathan Bedford Forrest — the Confederate general who was also an early Ku Klux Klan leader. He also faced a theft charge related to a dispute with a former employer. Other incumbent defeats, according to unofficial returns, included: — Republican Rep. Joe Faust of Fairhope, a 20-year veteran of the House was defeated by Jennifer Fidler. — Republican Rep. Dickie Drake of Leeds was defeated by Susan DuBose. — Republican Rep. Tommy Hanes of Bryant was defeated by Mike Kirkland. — Republican Rep. Proncey Robertson of Mount Hope was defeated by Ernie Yarbrough. — Democratic Rep. Ralph Howard of Greensboro was defeated by Curtis Travis. Republican Rep. Gill Isbell of Gadsden is trailing challenger Mack Butler, who previously served in the Legislature. But the race is caught in a mix-up where some voters got ballots with the wrong House district. Secretary of State John Merrill said they did not know how many voters were affected. Democratic Rep. Rod Scott of Fairfield was forced into a runoff with a challenger. In another notable contest, House Rules Chair Mike Jones, one of the most influential members in the House of Representatives, appears to have lost to Coffee County Commissioner Josh Carnley in his bid to join the Alabama Senate. Unofficial returns showed Carnley avoiding a runoff with Jones by a margin of about 50 votes. The two are seeking the GOP nomination for the state Senate seat being vacated by retiring Sen. Jimmy Holley. Former longtime state Sen. Hank Sanders of Selma will go to a runoff with Robert L. Stewart for the Democratic nomination for District 23. Sanders represented the district from 1982 to 2018. His daughter, Sen. Malika Sanders-Fortier, won the seat in 2018 but is leaving the state Senate to run for governor. Republished with the permission of The Associated Press.
