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Alabama CHOOSE Act

The Creating Hope and Opportunity for Our Students’ Education Act of 2024 (CHOOSE Act), which Governor Kay Ivey signed into law on March 7, 2024, introduces a program called Education Savings Accounts (ESAs). These accounts offer refundable income tax credits for approved educational expenses and aim to help all K-12 students in Alabama succeed.

Year 1: 2025-2026

  • The first 500 ESAs go to students with special needs.
  • Then, students of active-duty service members in priority schools get ESAs.
  • The rest of the ESAs go to students from families with income up to 300% of the federal poverty level.

Year 2: 2026-2027

  • The first 500 ESAs go to students with special needs.
  • Next, students who got ESAs last year get them again.
  • Then, students of active-duty service members in priority schools get ESAs.
  • The remaining ESAs go to students from families with income up to 300% of the federal poverty level.

Year 3: 2027-2028 and beyond

  • The first 500 ESAs go to students with special needs.
  • Next, students who got ESAs last year get them again.
  • Then, students of active-duty service members in priority schools get ESAs.
  • All other students, regardless of income, get the remaining ESAs.

An “eligible student” for the credit is:

  • A child aged five to 19 years residing in Alabama who hasn’t finished high school.
  • Or a child aged five to 21 years residing in Alabama who qualifies for services under the Individuals with Disabilities Education Act (IDEA) or Section 504 of the Rehabilitation Act of 1973.

However, the term doesn’t include:

  • A student receiving scholarship funds or tax credits under the Alabama Accountability Act.
  • A child enrolled in a private school that isn’t a participating school (participating schools are accredited public schools and accredited private schools).
  • A child who isn’t lawfully present in the United States.



Starting from the 2025-2026 Academic Year, ESAs will be available in these amounts:

  • Up to $7,000 per participating student enrolled in a participating school.
  • Up to $2,000 per participating student not enrolled in a participating school. However, this amount is capped at $4,000 for students in individual or group homeschool programs, co-ops, non-participating schools, or similar programs.

The CHOOSE Act sets up a system of refundable income tax credits and is managed by the Department of Revenue, aimed at parents of eligible students. These credits are meant to help cover the expenses of qualifying education. The Department of Revenue will establish education ESAs where the credit funds will be deposited. Participating parents can then use these funds to pay for approved educational expenses.

  • Tuition and fees at a participating school
  • Textbooks
  • Fees for after-school or summer education programs at a participating school
  • Private Tutoring
  • Curricula
  • Tuition for a nonpublic online learning program
  • Educational software
  • Costs for college admission tests and AP exams
  • Education services for students with disabilities from a licensed or accredited practitioner
  • Contracted services provided by a public school district

Based on the text of the act, there is no explicit requirement in the CHOOSE Act for submitting a renewal application for the Education (CHOOSE) Tax Credit. The Alabama Department of Revenue mentions “participating students previously awarded in the prior academic year,” suggesting that students who received the credit in the previous year may continue to receive it without the need for a renewal application. However, since updates and clarifications are still forthcoming, make sure to stay informed about any additional information released regarding renewal requirements for the tax credit.

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The Education Scholarship Program

Alabama’s Education Scholarship Program is a tax-credit scholarship, which allows taxpayers who donate to nonprofit scholarship-granting organizations (SGOs) to receive tax credits for their contributions.

Children are eligible to receive scholarships if their family household income does not exceed 250 percent of the federal poverty level ($75,000 for a family of four in 2023-24). Also, qualifying students must be younger than 19 years of age. Once a student receives a scholarship, the family’s income may not exceed 350 percent of the federal poverty level ($105,000 for a family of four in 2023-24). Public and private school students assigned to priority schools receive scholarships first. Alabama defines a public school as priority if it meets one or more of the following requirements: 1) The school is designated as a priority school by the state Superintendent of Education, or 2) the school does not exclusively serve a special population of students and has received a D or an F on the most recent state report card. If an SGO has scholarship funds unaccounted for on July 31 of each year, scholarships may be made available to eligible students in public school, regardless of whether their assigned public school is considered priority. No more than a quarter of first-time recipients may have already been enrolled in a private school the previous year.

Students with unique needs are also eligible if they have an Individualized Education Plan (IEP) or 504 plan and attended a primary or secondary school within Alabama during the immediately preceding school year.

Children are eligible to receive scholarships if their family household income does not exceed 250 percent of the federal poverty level ($75,000 for a family of four in 2023-24). Also, qualifying students must be younger than 19 years of age. Once a student receives a scholarship, the family’s income may not exceed 350 percent of the federal poverty level ($105,000 for a family of four in 2023-24). Public and private school students assigned to priority schools receive scholarships first. Alabama defines a public school as priority if it meets one or more of the following requirements: 1) The school is designated as a priority school by the state Superintendent of Education, or 2) the school does not exclusively serve a special population of students and has received a D or an F on the most recent state report card. If an SGO has scholarship funds unaccounted for on July 31 of each year, scholarships may be made available to eligible students in public school, regardless of whether their assigned public school is considered priority. No more than a quarter of first-time recipients may have already been enrolled in a private school the previous year.

Students with unique needs are also eligible if they have an Individualized Education Plan (IEP) or 504 plan and attended a primary or secondary school within Alabama during the immediately preceding school year.

Starting from the 2025-2026 Academic Year, ESAs will be available in these amounts:

  • Up to $7,000 per participating student enrolled in a participating school.
  • Up to $2,000 per participating student not enrolled in a participating school. However, this amount is capped at $4,000 for students in individual or group homeschool programs, co-ops, non-participating schools, or similar programs.

Scholarship amounts are determined by SGOs. Scholarships are capped at the lesser of the qualifying school tuition and fees or $10,000 per student. Scholarship recipients may choose to attend a qualifying school, which includes a (non-priority) public school outside their resident school district or an accredited private school.

Qualifying expenses for students with unique needs include: Tuition and fees at a qualifying school; textbooks required by a qualifying school; payment to a licensed or accredited tutor; payment for the purchase of curriculum or instructional material; tuition and fees for an approved nonpublic online learning program; educational services for an eligible student with unique needs from a licensed or accredited practitioner or provider; or contracted services from a public school district, including individual classes.

General Regulations:

  • Income Limit: 250 percent x FPL
  • Prior Year Public School Requirement: Yes, with exceptions
  • Geographic Limit: Statewide
  • Enrollment Cap: None
  • Scholarship Cap: $10,000
  • Testing Mandates: State test or Nationally norm-referenced tests (unique needs exempt)
  • Credit Value: 100%
  • Per Donor Credit Cap: 100% liability up to $100,000 (individual) / 100% liability (business)
  • Total Tax Credit Cap: $40 million; automatic escalator up to $60 million

SGO Regulations: 

  • Use at least 95 percent of contributions for scholarships
  • Conduct criminal background checks on all employees and board members
  • Make scholarships portable to any qualifying school
  • Ensure at least 75 percent of first-time scholarship recipients were not enrolled in priority schools or a private school during the previous year
  • Submit annually to the state:
  • Data on accepted contributions
  • Data on scholarships awarded and funded, including the amount awarded to students assigned to attend a priority school and the percentage of first-time scholarship recipients who were enrolled in a public school the previous year
  • Financial audit performed by a certified public accountant
  • Reimburse the local school system for all contracted services provided to an eligible student and an eligible student with unique needs
  • Qualify students with unique needs
  • Maintain 10% reserve balance

School Regulations:

If public: 

  • Not a priority school; 
  • Outside the recipient’s resident school zone. 

If non-public: 

  • Accredited by one of the enumerated regional or national accrediting agencies; 
  • Submit letter of intent to participate; 
  • Must obtain accreditation within three years of letter of intent to participate; 
  • Approved schools awaiting accreditation must: 
  • In operation at least three years (may be waived depending on governance structure); 
  • Daily attendance at least 85%; 
  • 180 day school year or hourly equivalent; 
  • 6.5 hour school day; 
  • Stanford Achievement Test or equivalent; 
  • American College Test before graduation; 
  • Comply with credit requirements for high schoolers; 
  • Students with unique needs exempt from standard testing and curricular requirements; 
  • Maintain website with school and tuition information; 
  • Affidavit of financial and academic status;

The Alabama Accountability Act (AAA)

Alabama offers a refundable tax credit program to parents who transfer their children enrolled in or assigned to a priority public school to a qualifying public or private school. Different from traditional tax credit programs, refundable tax credits have greater value for parents of more modest incomes.

Parents who transfer their children from priority public schools to qualifying public or accredited private schools are eligible. Parents with children who are starting school for the first time in Alabama and zoned to attend priority public schools are also eligible. Alabama defines a public school as priority if it meets one or more of the following requirements: 1) The school is designated as a priority school by the state Superintendent of Education, or 2) the school does not exclusively serve a special population of students and has received a D or an F on the most recent state report card.

Parents receive a tax credit worth less than (1) 80 percent of the average annual state cost of attendance for a K–12 public school student during the applicable tax year, or (2) their children’s actual cost of attending school. If the taxes owed by the parents are less than the total credit allowed, they may receive a rebate equal to the balance of the unused credit.

Funding is awarded through scholarship-granting organizations (SGOs) who are registered through the State of Alabama. See participating schools list.

  • Income Limit: None
  • Prior Year Public School Requirement: Yes (Families must show a cost of transfer from a priority public school to a qualifying public school or a private school. Families may continue to receive the tax credit or rebate until the student reaches the highest grade level of the priority public school they are zoned to attend.)
  • Geographic Limit: Statewide
  • Enrollment Cap: None
  • Credit Value: 100%
  • Individual Credit / Rebate Cap: lesser of tuition or 80% state average
  • Testing Mandates: State test or Nationally norm-referenced tests
  • Limited to students in low-performing schools

Parents must provide certification that:

  • The student was enrolled in or assigned to a “priority” school;
  • The student was transferred to a “qualifying” public or private school; and
  • Proof of the cost of attendance at the “qualifying” public or private school.
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