State schools superintendent raises concerns over several bills in Alabama Legislature

Alabama State Schools Superintendent Eric Mackey listens during the Alabama State Board of Education's regular meeting on February 9, 2023 in Montgomery, Alabama. (Brian Lyman/Alabama Reflector)

Alabama State Superintendent Eric Mackey Thursday raised a number of concerns about the Legislature’s recent moves on public education.

Speaking at a work session of the Alabama State Board of Education, Mackey focused on five bills: one that would change the requirements for alternative teacher certification; one on online testing; one that would cap property taxes; a new law providing up to $7,000 in tax credits to households for  non-public education related expenses and a bill that would add a further module as a graduation requirement.

HB 308, sponsored by Rep. Terri Collins, R-Decatur, would expand one of the potential pathways to providing alternative teacher certification to being a member of the Council for Higher Education Accreditation, which Mackey defined as a membership organization. He agreed with a board member that it would be a lowering of standards.

“It’s like you pay to join AARP or you don’t have to meet certain health criteria or something you can pay to join,” he said. “So if that happens, then we’ll have many more that will qualify because they will probably go join that organization.”

The bill comes after the Legislature passed a bill last year that altered the requirements set by the Board for alternative teacher preparation.

“I wish they’d never gotten involved in it to start with,” Mackey said.

Collins wrote in a text Thursday afternoon that she disagreed that standards had been lowered and that her “goals are always focused on high quality, accountability and transparency.”

“I believe different accreditation programs do universities and others do alternative programs,” she wrote. “I believe the additional group is responsible and respected.”

HB95, sponsored by Rep. Troy Stubbs, R-Wetumpka, would allow students to take virtual testing in their usual schooling environment without being in a set testing site. Those further conditions include video monitoring and keeping students within a testing area.

Mackey raised concerns about the integrity of the testing process and said he was “philosophically opposed” to the Legislature getting involved in  test administration.

“We will go down a rabbit hole,” he said. “Every time somebody doesn’t like the way the test is administered. Then the Legislature will try to get involved and change the way we administer it.”

Mackey said the state once used to not have an approved standardized test.

“We have been on the Feds’ watchlist for so long and we are not anymore and we don’t want to get back there,” he said. 

Stubbs said in a Thursday afternoon phone call that the bill would provide ease for families having to travel, and the technology is proven.

“Many of these students are choosing a virtual education path for themselves, their families are choosing that because they may not feel comfortable in a traditional school setting,” he said.

Stubbs said the Legislature became involved because the Alabama State Department of Education had not addressed the issue.  He said he had met with Mackey in a meeting and offered them the chance to bring amendments, and the opportunity is still there as it moves through the Senate. Stubbs said they added an amendment to exclude the ACT, but Mackey said in the work session that the amendment would not properly exclude it. 

HB73, sponsored by Rep. Philip Pettus, R-Killen, would cap real property tax assessments in the state. The bill began at a 3% increase year over year, but a committee substitute changed it to 5%.

A 3% limit, Mackey said, “would be devastating for many of our districts, especially the fast growing ones where property values are going up in some cases seven or 8% a year.”

Pettus said Thursday that it was not a cut but a cap on the property taxes. He said the Legislature’s role was to protect taxpayers in the state.

He said schools in the public hearing said it would hurt them, and he said they want more money.

“I said, ‘How’s it gonna hurt you?'” he said. “‘Are you already knowing you going to raise the taxes? How do you know property values going up unless you’re just doing it?’ No answer. Their answer is we want more money. But somewhere you’re gonna have to live with, like we do legislators, we have to have a balanced budget.”

Mackey also mentioned the CHOOSE Act, the voucher-like bill that Gov. Kay Ivey signed into law last week.  Under the law, a household could claim up to $7,000 in tax credits per qualifying student for non-public education related expenses, including private school tuition. 

Mackey said he suspects that public school enrollment will not be too impacted due to people already in private schools. He said it might impact “pockets” of the state, providing the scenario that 2,000 students statewide may take advantage of the program. Across the state, there might not be too much impact.

“But if 1,000 of those reside in one county, that is big for that county,” he said.

Asked about that scenario Thursday afternoon, sponsor Rep. Danny Garrett, R-Trussville, said that “mathematically that would be true.” But he said they have not it seen elsewhere in the country, and he does not think it’s a “serious concern in the near term.”

“People are playing the what-if game,” he said.

SB176, sponsored by Sen. Donnie Chesteen, R-Geneva, would create a new mandatory module for high school students, developed and administered by the Alabama Community College System. 

Mackey said he had concerns about it being dictated to them what high school students are doing.

Mackey said he would like “that bill to die.”

Students who complete the module would receive a credential from the local community college. Students must also complete a Career RoadMap Postsecondary Opportunities, such as dual enrollment.

The module would be at least 10 hours and be administered by people approved by ACCS and the local board of education. It emphasizes opportunities for “skilled career pathways.”

Chesteen said Thursday that the bill was not on a “fast track.” He said he had heard concerns from the education community, and they have a meeting planned.

“I’ve really feel like we’re going to be able to work with our education people and find something that will work that will fit so that we can have this module for these ninth graders and it can follow them throughout their high school career and either into postsecondary or higher ed or into the workforce,” he said.

Mackey also mentioned a bill sponsored by Senate Pro Tempore Greg Reed, R-Jasper, which would require schools to make their curricula available to parents. Mackey said that there were concerns about it being cumbersome for teachers, but he said he understood those issues to be worked through during the process.

Reed said in a statement Thursday that the bill’s aim was to provide a “transparent opportunity” for teachers and parents to work together for the benefit of students.

Updated at 9:41 a.m. on Monday to correct that the $7,000 tax credit is per student, not per household.

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