MONTGOMERY, AL (WSFA) -
The Alabama Education Association filed a lawsuit late Monday targeting the state's controversial new school flexibility and tax credit law just has the organization promised it would.
The suit was filed on March 18, 2013 in Montgomery County Circuit Court and is assigned to Judge Eugene Reese.
This is the second suit filed by AEA regarding the legislation. Its first attempt to block what is officially known as the Alabama Accountability Act resulted in a temporary restraining order, but the Alabama Supreme Court tossed out that order on the grounds of Separation of Powers between the legislative and judicial branches.
The High Court did not address the merits of the bill, only that a judge cannot interfere with the rules of the Legislature and its passage of legislation.
[DOCUMENT: Read the School Flex Law (.pdf)]
Once the restraining order keeping HB 84 from being enacted was lifted, Alabama Governor Robert Bentley signed the measure into law.
AEA officials are again targeting the legislation with the argument that it was passed through multiple violations of the state's Open Meetings Act.
[DOCUMENT: AEA Lawsuit 3/18 (.pdf)]
The Republican supermajority of the Alabama Legislature forced the legislation through both chambers on Feb. 28 amid outrage from Democrats.
Republicans say the legislation, which will allow tax credits to parents who want to move their children from failing schools to successful public or private schools, will make the state's education system stronger.
Which schools are "Failing Schools"?
[DOCUMENT: Unofficial Failing Schools List (.pdf)]
This list is from the GOP Caucus, not the State Dept. of Education.
Democrats say the legislation was a "bait-and-switch" that will funnel money away from the public schools that need it the most and will give that public money to private schools.
The AEA is asking that the law be invalidated.
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