Liberal Huntsville City School Board member Andrea Alvarez wants to sue the State of Alabama over its education savings account program, also known as the CHOOSE Act.
Alvarez, who is not running for reelection to the school board in August, posted on social media Tuesday night about the decision to leave office, including her desire to take legal action against Alabama when she is no longer an elected official. Alvarez also plans to raise financial support for the legal effort against the state.
Following her online announcement, Alvarez issued a statement to 1819 News about the potential lawsuit.
"The CHOOSE Act is unconstitutional," contended Alvarez. "Using the Education Trust Fund (ETF) to fund private programs violates the state's constitutional obligation to fully fund and support public education. I hope to have the law repealed and the money paid back to public education."
The CHOOSE Act makes refundable income tax credits called education savings accounts available to support eligible K-12 students in Alabama. An education savings account can be used to pay for tuition, fees and other qualified education expenses at approved Education Service Providers.
According to the Alabama Policy Institute, funding for the program is expected to be increased from $180 million to $251.2 million. $1.2 million of the sum will be drawn from the Education Trust Fund, with the remainder coming from the ETF transfer and the CHOOSE Act fund.
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