Alabama: Is Public Education in Great Danger?

A street lamp, adorned with an electric candle, stands uncompromisingly as a symbol of the "Civil Rights" movement. The Baptist Church, built of red brick and located at the corner of Dexter Street in Montgomery, Alabama's state capital, was once the backdrop for speeches delivered by Martin Luther King Jr., who served as its pastor from 1950 to 1959. This intersection has long been a gathering point for demonstrations advocating for racial equality, serving as a starting place for marches toward the state parliament situated a little higher on Capitol Hill. King believed in the importance of emancipatory education and famously stated, “Intelligence plus character... is the true purpose of education.”

Martin Luther King Jr. ascribed significant importance to schools and transportation,  that were segregated under the supremacist sign "Reserved for Whites." In Alabama, the constitution mandated after the Civil War during Reconstruction in 1868 included an article stating, "Appropriate provisions shall be made for the education of white and colored children in separate schools." This mandate led to the establishment of an education system known as "separate but equal," which was viewed as hypocritical by African American organizations of the time.

As a result, two professional associations emerged to represent teachers within this divided school system: the Alabama Education Association (AEA), which represented white school teachers, and the Alabama State Teachers Association, representing teachers in non-white schools. This system faced significant criticism and protests from the civil rights movement. In 1969, following the ban on segregation, the Alabama Education Association and the Alabama State Teachers Association merged, retaining the name Alabama Education Association (AEA).

The AEA is headquartered not far from the Dexter Avenue Baptist Church. Its 90,000 members include teachers, school employees, school bus drivers, retirees, directors, and superintendents, all united in their commitment to improving education. Many of them recall the struggles of earlier times. "Alabama is a conservative, Republican state," said Thomas T.C. Coley, the Southern Regional Manager, during an interview in Montgomery in October 2024, prior to the presidential election.

Alabama overwhelmingly supported candidate Trump, with 64.6% of the state's voters providing a strong mandate for him to secure the nine electoral votes at stake. A support level above 60% for the Republican candidate is a well-established tradition in this state, with 62% in 2020, 62.7% in 2016, and 60.7% in 2012.

https://www.nbcnews.com/politics/2024-elections/alabama-results

A Specific Issue at Stake

This time, the educational issue is more complex: Trump aims to close the U.S. Department of Education, likely in several phases, since he must first obtain Congressional approval. Many senators and representatives, including some Republicans, are opposed to this measure.

As a result, educational organizations in the South will face increased challenges for various reasons. First, the Alabama Education Association (AEA) is not a trade union in the traditional sense, despite some writers and political opponents referring to it that way. In the conservative South, the term "union" is often linked to communism. According to Thomas T.C. Coley, the AEA's South Regional Manager, “the AEA is not a union because government law prohibits public servants from being represented by a trade union in the traditional manner." Consequently, the AEA cannot call for strikes or engage in collective bargaining. It is officially recognized as a professional organization funded exclusively by membership fees from its 90,000 members.

In 2023, political scientist Thomas Vocino noted in the *Encyclopedia of Alabama* that the AEA is likely one of the leading state education associations in the country, representing teachers without traditional union representation, a situation that is common in many states outside the South. Therefore, the AEA focuses on lobbying elected representatives and pursuing legal action through its three permanent lawyers and local correspondents. The challenge is to formulate a clear program that receives support from all members.

However, Trump has drawn a clear line with Project 2025, which envisions the closure of the department and the transfer of responsibilities—such as funding—back to the states, potentially causing divisions among stakeholders. The AEA is now being called to engage in politics. Although the Alabama State Capitol is only three blocks from the AEA headquarters, it seems far away. “Politics is another world with its own rules,” Coley remarked with a smile. “We don’t engage in politics because it can create divisions. Alabama is a conservative state, and most of our members are likely Republicans, but the association must respect the minority. Therefore, we didn’t endorse a national candidate, but we did make recommendations on local issues at the state level,” he added. The state publishes around 1,200 legal texts annually, of which about 200 relate to education. The AEA reviews all these documents since some may pertain to educational matters.

As an affiliate of the National Education Association (NEA), the largest professional organization of educators n the country, (3 million teachers according to its website),  the AEA's mission is to promote excellence in education. The AEA must "advocate for its members and lead efforts to ensure equitable, quality public education for a diverse population."

This time, the focus will not be on vague general principles but rather on a substantive debate about the institutional framework. Is education more effective when managed at the state level, according to the principle of parental choice, even at the expense of public education?

Paul Hubbert, then  the head of the AEA, stated back in 2009, as reported by the *Press-Register*, that he would fight to keep charter schools out of Alabama. Charter schools are private institutions that receive partial funding from public sources and are subject to varying degrees of regulation. There has been—and continues to be—a contentious debate surrounding the ideological principles and pedagogical issues related to school performance. Project 2025 advocates for parental choice and the existence of charter schools. What decision will the association's members ultimately make? And how will their decision be gathered?

 

CAPTION: Martin Luther King in front of Capitol Hill in Montgomery during a demonstration against segregation in schools - AEA newspaper article - The association’s headquarters (Source:AEA)

The CHOOSE Act is the target

The AEA is facing a new challenge: In 2024, the Alabama Parliament has passed the CHOOSE Act, and it became a law after  the Governor signed it in March. The new parliamentary session began on February 4, and AEA's Executive DirectorChair Amy Marlow stated that it is now time to “limit the damage.” She emphasized that the public service and fairness are both at risk. "Alabama parents have always been able to choose to have their children attend private school, religious school, or home school. Until recently, they just haven't been asking the taxpayers to subsidize their choice. Choice is not the issue - it never has been - the diversion of public resources to private pockets is the issue" she added. 

An Education Savings Account (ESA) system has been established in line with the recommendations from Project 2025 and an experiment conducted in Arizona. The act permits the Department of Revenue (ALDOR) to manage the education savings accounts for approved students. The ESA will be funded through a refundable tax credit available to eligible parents. The tax credit for students attending participating schools is $7,000, while the credit for non-participating students—such as those being homeschooled—is $2,000 per student and $4,000 per family.

ESAs can be used to cover tuition, tutoring, educational therapy, and other qualified education expenses at accredited schools throughout the state. PES (Approved Educational Service Providers) are individuals or organizations authorized by ALDOR to provide educational goods and services to participating families. The leadership of the Alabama Education Association (AEA) recalls that a previous legislative attempt known as the Choose Act was rejected by parliamentarians. This time, during February-March 2024, the AEA chose not to adopt an overtly anti-Republican political stance and maintained neutrality; however, they urged all members to engage in lobbying efforts, while also continuing behind-the-scenes work to amend the legislation, albeit unsuccessfully.

The constraints of associative action, which does not constitute a union within the limited framework of the Alabama constitution, posed challenges. The AEA is now focusing on advocating for a cap on public funds (salary cap) designated for financing alternative education modes. An editorial published in the association’s newspaper, and quoting Amy Marlowe, the AEA's Executive Director the financial argument in detail (see photo).  "

“Every time the school choice crowd comes to the Alabama Legislature asking for more public education funding to be diverted to private schools, it's always the same soundbites: ‘the money just follows the child;’ ‘kids trapped in failing schools with no options;’ ‘allowing parents to make the best choice for their family;’ etc. Your AEA Lobby Team can hear them in our sleep,” Marlowe said.

She continued, “The phrase universal school choice is about as genuine as telling someone bless your heart. What they really mean is that wealthy families who have sent their children to exclusionary private schools for generations will get a government handout for doing so. Parents will get a school voucher no matter how much money they make. Where there is means-testing under CHOOSE for the first two years, that was just window-dressing to pass the bill - the real money starts flowing in 2026-2027 when the well-off start getting their handouts.” (See Links) 

Marlowe pointed out that several programs, such as aid for schools in disadvantaged neighborhoods, support for people with disabilities,  free lunches, music, art programs and much more are at risk. Everyone is awaiting the upcoming public address by President Trump, in which he is expected to discuss the extent of federal disengagement.

Ph. Wallez