HUNTSVILLE, Ala. (WHNT) — Huntsville City School Board Member Andrea Alvarez wants to put an end to the CHOOSE Act in Alabama, arguing that it hurts public schools.
Alvarez stated that the act is diverting funding away from public schools, which is a violation of state law.
“I personally just think it’s inherently wrong that we have two different systems: one that has transparency and accountability to taxpayers, and one that does not,” Alvarez said.
The CHOOSE Act, passed in 2024, is a law that gives families $7,000 per student to use toward private school tuition. Lawmakers at the time argued that it provides families with more access to choosing the education their child receives.
It is in effect for the first time in the 2025-2026 school year, and Alvarez is looking to garner more support against the bill because of the challenges it poses to public school systems.
“There are hundreds of laws that Huntsville City Schools and other schools across the state have to abide by, and private schools do not. Why are they getting almost the same amount of money that we are?” Alvarez asked.
Alvarez said that money supporting the CHOOSE Act comes out of the Education Trust Fund, or ETF, which was made to adequately fund public schools.
“The way that the state government funds us is we get money for an average daily rate of attendance for the prior school year,” Alvarez said. “These people are just getting it named with their child’s name.”
She explained that because of the City of Huntsville’s tax base, the school system supports the ETF by supplying roughly $50 million to the fund. Alvarez said the CHOOSE Act uses about $150 million of ETF funding, which she believes Huntsville taxpayers should be concerned about.
Private schools do not have to follow the same laws and regulations that public schools do. There is no requirement for private schools to disclose what the CHOOSE Act funding is being used for, and no regulations on what state funding can go towards.
“We’re almost paying for a third of the CHOOSE Act, in my mind. I don’t think Huntsville residents understand that,” Alvarez said. “Additionally, we don’t have any idea what they’re spending the money on. We have rules. You can’t buy certain things. It has to be education-related. Once you give that tuition to a [private] school, they can do anything with it.”
Alvarez is pushing for support from public schools across the state in hopes of eventually filing a lawsuit, saying the CHOOSE Act is unconstitutional.
“It’s taxpayer funds that should not be out of the ETF. Also, you cannot not fully fund education, which is something that’s been happening for years that we just put up with. So, you can’t have these unfunded mandates,” Alvarez said. “I mean, you can take it down to how do you have separate but equal?”
Courts in Ohio and Utah ruled that similar statewide programs to the CHOOSE Act were unconstitutional this year. Currently, there is no lawsuit against the CHOOSE Act filed in Alabama.
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