Gulf Shores City Board of Education president Kevin Corcoran wrote a letter to State Rep. Jennifer Fidler (R-Silverhill) addressing comments she made opposing bills that would change the distribution of a countywide education tax.
The Baldwin County Public Schools system receives all funds collected from 40% of a special one-cent tax. When the tax was adopted, the county system was the only public school system. However, since then, the cities of Gulf Shores and Orange Beach have pulled away from the county and created their own systems. Now, they want their share of the tax.
Fidler and others have voiced concerns over the matter already going to the courts, where the claims from Gulf Shores were dismissed. That ruling was appealed, and the Alabama Supreme Court later affirmed the dismissal, stating it would be up to the legislature to make a change to allow municipal school systems to get a portion of the tax.
State Sen. Chris Elliott (R-Josephine) and State Rep. Francis Holk-Jones (R-Foley) have introduced bills to do just that.
However, some other lawmakers in Baldwin County are not on board, reciting Baldwin County Superintendent Eddie Tyler's argument that the terms of the tax were negotiated when the systems broke away from the county.
Corcoran responded to Fidler's concern that too much money and effort had already been spent on the issue due to the previous lawsuit.
"I would certainly think that any funds expended have been paid 20-fold over with the approximate $10,000,000 that Baldwin County Board of Education has received as a result of this unfair tax," Corcoran wrote.
He provided a 2019 letter from the Baldwin County BOE stating that litigation would be necessary and that both parties agreed on that matter.
"In connection to the half-cent sales tax, the parties have been in agreement from the beginning of the split process that litigation would be required to address the claim of the GSBE that it is entitled to receive any portion of the half-cent sales tax," the letter read.
Corcoran also clarified the reason for the Alabama Supreme Court's dismissal of the case.
"Third, you state that the Alabama Supreme Court"... upheld the apportionment of the taxes and funding," he wrote. "In my opinion, this is not entirely accurate. The ALSC ruled that it is not for the judicial branch to determine the proper apportionment of the tax revenue and that is a matter for the legislation."
Corcoran also provided state law clarifying when municipalities may assume control of their schools and claimed that the county system receives more funds from the State Foundation due to the separation. Further, he argued that county systems perform better when city systems are in place.
"Pursuant to AL Code 16-13-199, as independently verified, BCBE receives l0's of millions of additional funds in State foundation funding as a direct result of the two cities forming city schools," Corcoran stated. "More funding for fewer students is a win-win for BCBE. This disputed amount is approximately $3,000,000 of the BCBE total annual budget of over $762,000,000 (3/4 of a Billion $'s)."
"The myth that County School Systems are harmed both financially and performance wise is simply not true," he continued. "In the most recent state report card report, 17 of the top 20 (85%) county school districts are counties in which there are city schools within their county. BCBE is included in those top 20."
The full letter can be read below.
Corcoran Letter by Erica Thomas on Scribd
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