TN Valley lawmakers weigh in on Accountability Act lawsuit

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Legal expert and Huntsville Attorney Mark McDaniel believes both the Southern Poverty Law Center (SPLC) and Alabama lawmakers make compelling arguments.

"Anytime you have a new law pass, you are going to have a number of lawsuits challenging those laws," said McDaniel.

The group argues the Accountability Act violates equal protection under the United States constitution because many students don't have access to better schools. North Alabama lawmakers disagree.

"It strikes me as a bit ironic that an organization called the poverty law center would be challenging an attempt to give children in poverty a better life," said State Representative Mike Ball.

Representative Ball and Senator Paul Sanford understand that the $3,500 tax credit is not enough for private school tuition. However, they say the bill clearly allows for scholarship opportunities to those in need, authorizing $25 million in tax credits for donations to scholarship programs.

The lawsuit argues no matter how much money is given, a student can't transfer out of a failing school is there isn't one nearby.

"Are they going to start suing people because there aren't businesses located close to someone's home," said Senator Sanford. "That's an asinine approach to say they are going to file a lawsuit because there is not a private school available."

McDaniel said the suit will likely end up in the Supreme Court, leaving a judge to decide if the state of Alabama violated the constitution.