On Thursday, State Rep. Danny Garrett (R-Trussville), chairman of the House Education Budget Committee, dismissed an upcoming challenge related to the state's school choice law, the CHOOSE Act.

“I think this is just saber rattling,” Garrett told 1819 News in a phone interview. Garrett was the house sponsor of the legislation. 

On Wednesday, outgoing Huntsville City School Board member Andrea Alvarez announced her intention to sue the state over the bill.

SEE: Outgoing left-wing Huntsville City School Board member Andrea Alvarez announces lawsuit over CHOOSE Act, raise funds for legal effort

"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 I hope to have the law repealed, and the money paid back to public education."

RELATED: Parents, students want choice: Ivey announces record CHOOSE Act applications for 2026–27 school year

“Well, the governor of Alabama worked with Senator Orr and me to pass this legislation. The Legislative Services Agency (LSA), which represents the legislature, has the job to make sure that the bills put forward are Constitutional, crafted this bill,” Garrett explained.

As for the threat of the lawsuit, “I think those are just words,” he told 1819 News.

"I think it has been successful. I say that because of the continually growing amount of interest in the CHOOSE Act. The fact that I think our culture is demanding customization, flexibility, and choice. They want choices in education. I continue to see innovation in education,” Garrett said.

“What we're doing is responding to the demand of our taxpayers, the demand of our constituents, the demand of parents, and I think it's successful and I expect to continue to grow,” he added.

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. The money is handled through a digital wallet maintained by the Alabama Department of Revenue.

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