Families with income ≤300% FPL; First 500 awards reserved for students with special needs
Families with income ≤300% FPL; Priority to previous participants and siblings
Universal - all K-12 students eligible; Income cap eliminated
Refundable income tax credit funded through annual appropriations from Alabama Education Trust Fund (ETF)
Two-tiered structure: Up to $7,000 for students attending participating schools; Up to $2,000 per student for homeschool ($4,000 family cap)
| Category | Annual Award |
|---|---|
| Participating Private or Out-of-District Public School (FY2025-26) | $7,000 |
| Homeschool - Per Student Maximum (FY2025-26) | $2,000 |
| Homeschool - Family Maximum (Regardless of # of Children, FY2025-26) | $4,000 |
| Fiscal Year | Total Students | Growth |
|---|---|---|
| FY2025-26 (First Year) | 18,483 |
The "switcher rate" measures the percentage of new ESA participants who came from public schools (vs. those already in private schools or homeschooled). This is critical for understanding fiscal impact.
Latest data for Alabama: 16% switcher rate in FY2025-26 (First Year)
| Fiscal Year | Switcher Rate | Definition |
|---|---|---|
| FY2025-26 (First Year) | 16% | Official ALDOR data: Only 16% of activated ESA students came from Alabama public schools in prior year. This means 84% were non-switchers (already in private school/homeschool), representing new state expenditure rather than cost transfer. |
Data for FY2025-26
Alabama's CHOOSE Act is one of the nation's newest universal ESA programs (launched 2025-26).
Unique administrative structure: It is the only ESA structured as a refundable income tax credit administered by a Dept. of Revenue, a design intended for constitutional resilience.
Massive demand shock: 36,873 applications received vs. projected 15,000-16,000 (145% over estimate), forcing emergency budget increase from $100M to $180M mid-planning
Very LOW initial switcher rate (16%) means the program is primarily subsidizing EXISTING private school/homeschool families in Year 1.
Geographic disparity: 14 rural counties have no participating private schools, creating 'choice deserts' and concentrating practical access in metro areas.
Application-to-activation funnel: 36,873 applied → 23,576 deemed eligible (64%) → 18,483 activated accounts (50% of applicants).
Three-year phase-in to universal: Phase 1-2 are income-limited (≤300% FPL covers ~75% of families), Phase 3 (FY2027-28) becomes fully universal.
Differentiated award structure reflects cost realities: $7,000 max for private school tuition vs. $2,000 per student ($4,000 family cap) for homeschool
Multi-year legislative commitment: $530M total over 3 years ($180M + $200M + $150M) ensures program stability and signals long-term commitment
First 500 awards each year reserved for students with special needs (priority system)
Unused funds do NOT roll over - all funds returned to CHOOSE Act Fund at year end (prevents long-term liability unlike Arizona)
ClassWallet platform ensures all payments tracked; Direct reimbursements to families explicitly prohibited
Analytical Disclaimer: The fiscal impact of ESA programs is actively debated. We present competing analyses transparently with source attribution, allowing you to understand the full methodological context.
Source: Alabama Education Association, Public Education Partners
With 84% non-switcher rate in year 1, program represents $180M in new spending for students not previously in public system. Cost will grow to potentially $530M+ over three years, diverting funds from Education Trust Fund that could strengthen public schools.
Source: Alabama Policy Institute, American Federation for Children
Program serves 75% of Alabama families by income eligibility, providing educational choice to families who previously couldn't afford private school. Enables customization for homeschoolers and creates competitive pressure for public school improvement.
Last Updated: 2025-10-29 | Data Quality: Good
Comprehensive analysis with legislative history, enrollment dynamics, fiscal impact debates, demographic analysis, and policy recommendations
About This Report: This comprehensive analysis was compiled from official state sources, legislative documents, and independent research organizations. All data points are verified and cited. Competing fiscal and demographic analyses are presented transparently with full source attribution.
Report available in our research reports directory:/research-reports/alabama
# The Alabama Experiment: An Analysis of the CHOOSE Act and the Launch of Universal School Choice
In 2024, the state of Alabama enacted one of the most significant education policy reforms in its recent history, positioning itself at the forefront of a profound and rapidly accelerating national trend. With the passage of the Creating Hope and Opportunity for Our Students' Education (CHOOSE) Act, Alabama became the 14th state to establish an Education Savings Account (ESA) program, joining a wave of states moving toward universal or near-universal school choice.1 This legislative action is not an isolated event but rather a reflection of a broader policy transformation sweeping the American K-12 landscape, where the ESA has emerged as the predominant vehicle for expanding parental options in education.2
The CHOOSE Act establishes a state-funded ESA, legally structured as a refundable income tax credit, which will provide funds for families to pay for a wide range of approved educational expenses, including private school tuition, homeschooling costs, tutoring, and therapies.3 The program is designed to launch for the 2025-2026 academic year and will phase into universal eligibility for all K-12 students over a three-year period, a common implementation model for states undertaking such large-scale reforms.4
This report provides a comprehensive analysis of the CHOOSE Act, examining its architectural design, financial engine, and the results of its inaugural application and enrollment period. The analysis will argue that the CHOOSE Act's first year reveals a program defined by three critical characteristics. First, it experienced unexpectedly high initial demand, driven primarily by existing private school and homeschool populations, which shapes its immediate fiscal impact as a subsidy for current non-public school families rather than an exit ramp from the public school system. Second, its unique administrative and funding structure—overseen by the Department of Revenue and structured as a tax credit—carries both strategic legal advantages and potential long-term oversight challenges. Finally, the program's initial provider landscape is heavily concentrated in urban and suburban centers, creating significant geographic disparities that raise fundamental questions about equitable access for rural families. These initial conditions frame the central policy debates that will confront Alabama policymakers as the program scales toward its goal of universal entitlement.
The following table provides a high-level summary of the program's core features, serving as a foundational reference for the detailed analysis that follows.
| Data Field | Description |
|---|---|
| Program Name | Creating Hope and Opportunity for Our Students' Education (CHOOSE) Act 2 |
| Statutory Citation | Act 2024-21 (HB129) 4 |
| Year Enacted / Launched | 2024 / 2025-2026 School Year 2 |
| Administering Agency | Alabama Department of Revenue (ALDOR) 2 |
| Eligibility Scope | Universal (Phased-in over 3 years) 2 |
| Funding Mechanism | Refundable Income Tax Credit (Appropriation from Education Trust Fund) 6 |
| Award Amounts (2025-26) | Up to $7,000 (Participating School); Up to $2,000 (Homeschool, $4,000 family cap) 3 |
| Program Budget (FY2026) | $180 Million (Increased from initial $100 Million) 8 |
| Financial Platform | ClassWallet 3 |
The design of a new statewide education program is a complex undertaking involving careful legislative drafting, strategic administrative choices, and a clear implementation timeline. The architecture of Alabama's CHOOSE Act reveals a program built with lessons from other states in mind, particularly in its legal structure, yet with unique features that will shape its evolution. This section deconstructs the program's legislative framework, analyzes its administrative design, and details the phased rollout that will govern access for Alabama families over its first three years.
The CHOOSE Act was officially signed into law on March 7, 2024, as Act 2024-21, following its passage as House Bill 129\.3 The legislation establishes the legal foundation for the program, defining the key terms that govern its operation. An "Eligible Student" is defined broadly as a child residing in Alabama between the ages of five and 19 (or up to 21 if qualifying for services under the Individuals with Disabilities Education Act) who has not graduated high school.4 A "Participating School" must be an accredited public or private K-12 school approved by the state, while the broader category of "Education Service Provider" (ESP) includes schools, organizations, vendors, or individuals approved to provide educational goods and services.13 "Qualifying Educational Expenses" are explicitly enumerated and include a wide range of items such as tuition and fees, textbooks, curriculum, private tutoring, educational therapies, and certain technological aids.4
In a significant and unconventional departure from the national norm, Alabama has tasked the Alabama Department of Revenue (ALDOR) with the full administration and oversight of the CHOOSE Act.2 Most states, including early adopters like Arizona and large-scale programs like Florida's, place their ESA programs under the purview of their respective Departments of Education.2 This choice in Alabama is not arbitrary; it is a direct consequence of the program's legal structure as a "refundable income tax credit".4
This design appears to be a strategic legal maneuver intended to bolster the program's constitutional resilience. The nation's first ESA, Arizona's Empowerment Scholarship Account, was specifically engineered to circumvent state constitutional prohibitions on the direct payment of public funds to religious institutions by instead allocating funds directly to parents, who then choose where to spend them.2 By structuring the CHOOSE Act as a tax credit administered by the state's revenue agency, Alabama lawmakers have created a similar legal firewall, framing the program as a matter of tax policy and parental finance rather than a direct appropriation to non-public schools.
However, this strategic choice creates a fundamental administrative trade-off. ALDOR's core institutional competency lies in tax administration, financial compliance, and fraud prevention—all critical functions for a program of this scale. Yet, the agency lacks the inherent expertise in educational matters that resides within a department of education. This creates a potential structural weakness in the state's ability to oversee areas such as academic quality, the pedagogical effectiveness of participating providers, and the measurement of student outcomes. While ALDOR is well-equipped to ensure funds are spent on approved items, its capacity to evaluate whether those expenditures are leading to quality educational experiences is an open and critical question. This administrative design choice will be a central factor to monitor as the program matures.
The CHOOSE Act is designed to become a universal program, but it implements this goal through a deliberate, three-year phased rollout. This approach allows the state to manage initial demand, control budgetary growth, and build administrative capacity over time. The eligibility criteria and priority system are distinct for each phase.
For the first two academic years, 2025-2026 and 2026-2027, the program is means-tested. Eligibility is restricted to families with an Adjusted Gross Income (AGI) that does not exceed 300% of the Federal Poverty Level (FPL).4 For the 2024 tax year, this threshold was approximately $93,600 for a family of four, a level that makes an estimated 75% of all Alabama families eligible to apply from the program's inception.8
Beginning with the 2027-2028 academic year, the income cap is eliminated, and the program becomes universally available to any eligible K-12 student in Alabama, subject to legislative appropriations.4
Within each phase, the law establishes a multi-tiered priority system for awarding ESAs. The first 500 accounts each year are reserved for students with special needs.1 After that, priority is given to students who were previously awarded an ESA and their siblings, followed by dependents of active-duty service members assigned to a priority ("D" or "F" rated) school. Any remaining awards are then distributed to new applicants based on their family's income, with the lowest-income families being awarded first.3 This structure ensures that the most vulnerable populations and existing participants are served first before expanding access to others.
| Academic Year | Income Eligibility Cap | Priority Group 1 | Priority Group 2 | Priority Group 3 | Remaining Awards Based On |
|---|---|---|---|---|---|
| 2025-2026 | $\\le 300\\%$ FPL 4 | First 500 ESAs for students with special needs 3 | Dependents of active-duty military in priority schools 3 | Siblings of participating students 3 | Ascending income, up to 300% FPL cap 15 |
| 2026-2027 | $\\le 300\\%$ FPL 4 | First 500 ESAs for students with special needs 3 | Previously awarded students & their siblings 3 | Dependents of active-duty military in priority schools 3 | Ascending income, up to 300% FPL cap 15 |
| 2027-2028+ | Universal (No Cap) 4 | First 500 ESAs for students with special needs 3 | Previously awarded students & their siblings 3 | Dependents of active-duty military in priority schools 3 | All other eligible students, with priority for economically disadvantaged 1 |
The viability and scale of any ESA program are dictated by its financial architecture. The CHOOSE Act employs a specific funding mechanism, a differentiated award structure, and a third-party administration platform that collectively define its economic impact on families and the state. The program's financial story in its first year has been one of dramatic, demand-driven expansion, forcing a rapid legislative response to scale its budget far beyond initial projections.
The CHOOSE Act is funded through annual legislative appropriations to a dedicated "CHOOSE Act Fund" established in the state treasury.4 The source for these appropriations is Alabama's Education Trust Fund (ETF), the state's primary funding vehicle for public K-12 schools, which is itself financed by state income and sales tax revenues.7 From the CHOOSE Act Fund, ALDOR distributes the awards to families in the form of a refundable income tax credit.3 This "refundable" designation is critical; it means that a family can receive the full value of the credit even if it exceeds their total state income tax liability. This structure ensures that low-income families with little or no tax burden can still access the full benefit of the program, a key feature for equity.7
The program utilizes a two-tiered award system that provides different levels of financial support based on the student's educational setting. This design acknowledges the different cost structures associated with private schooling versus homeschooling.
The story of the CHOOSE Act's budget in its inaugural year is a clear case of legislative planning confronting overwhelming public demand. The original enabling legislation mandated a minimum annual appropriation of $100 million beginning in fiscal year 2026\.4 This figure was based on the state's initial estimate that the program would attract approximately 15,000 to 16,000 students in its first year.8
However, when the application window closed in April 2025, the state had received applications for nearly 37,000 students—more than double the initial projection.8 This "demand shock" created an immediate need for a significant budget increase to avoid turning away tens of thousands of eligible families. The Alabama Legislature responded swiftly during its 2025 session by adding $80 million to the FY2026 budget, bringing the total funding commitment for the program's first year to $180 million.8
To ensure the program's stability and provide certainty for families and schools, lawmakers went further, establishing a total financial commitment of $530 million over the program's first three years. This includes $180 million for the 2025-26 school year, $200 million for 2026-27, and a baseline of $150 million for 2027-28.9 This proactive, multi-year funding commitment represents a significant investment and signals a strong legislative intent to see the program through its transition to universal eligibility.
To manage the complex logistics of distributing funds to tens of thousands of families and processing payments to hundreds of providers, ALDOR has contracted with ClassWallet, a prominent third-party financial services vendor used by ESA programs in several other states.3 This partnership is central to the program's operational integrity.
Parents of participating students do not receive cash or a check. Instead, ALDOR deposits the ESA funds into a secure, individual digital wallet for each student on the ClassWallet platform.15 From this digital wallet, parents can directly pay approved Education Service Providers (ESPs) for tuition or purchase approved curriculum and materials through an integrated online marketplace.19 This system provides a clear audit trail for every transaction. The program explicitly prohibits direct reimbursements to families for out-of-pocket expenses, ensuring that all funds are spent through the monitored platform.19 Any unused funds remaining in a student's account at the end of the academic year do not roll over; they are returned to the state's CHOOSE Act Fund.1
The initial enrollment data from an ESA program's launch year provides the first empirical glimpse into its real-world function. The numbers reveal who is most eager to use the program, where they are coming from, and how their choices will shape the policy's immediate fiscal and systemic impacts. For Alabama's CHOOSE Act, the inaugural 2025-2026 cohort is defined by a massive wave of applicants from existing private and homeschool settings, resulting in a low initial rate of students switching from public schools.
The enrollment process for the first year can be understood as a funnel, starting with a large pool of initial applicants that narrows as eligibility is verified and families finalize their enrollment decisions.
The single most critical metric for understanding an ESA program's function is the "switcher rate"—the percentage of participants who were previously enrolled in a public school. This metric determines whether the program is primarily functioning as an "exit ramp" from the public system or as a "subsidy" for families already in private educational settings. The initial data from the CHOOSE Act places it squarely in the subsidy category for its first year.
An analysis of the prior-year enrollment of the nearly 37,000 initial applicants reveals a clear pattern. Only 10,287 applicants, or 28%, were enrolled in a public or charter school in the preceding year. The vast majority—a combined 24,506 students, or 66%—were already enrolled in private schools (15,436) or were being homeschooled (9,070).25 While final data on the activated accounts shows a slightly higher proportion of public school switchers among those who ultimately enrolled, the overall trend remains clear: the program's first-year demand was overwhelmingly driven by families seeking state support for educational choices they were already making and funding themselves.25
This low initial switcher rate has profound implications. When a program primarily serves as an exit ramp, it can generate cost savings for the state, as the per-student ESA award is often less than the total per-pupil cost in the public system. Conversely, when a program primarily functions as a subsidy, it represents an almost entirely new cost to the state, as it begins funding tens of thousands of students it was not previously responsible for. Alabama's experience aligns with the typical launch phase of many universal choice programs, which often see an initial surge of adoption from the pre-existing non-public school market.
This stands in stark contrast to the trajectory of a mature program like Arizona's Empowerment Scholarship Account. After more than a decade of operation and expansion, Arizona's program now reports a switcher rate of 57% for new universal participants, fundamentally altering its fiscal and political narrative from that of a subsidy to that of an exit ramp.2 The central policy question for Alabama moving forward is whether its switcher rate will follow a similar upward trajectory as the program becomes more established and moves to universal eligibility, or if it will remain low. The answer to this question will determine the program's long-term fiscal sustainability and its ultimate impact on public school enrollment.
The CHOOSE Act's architecture provides a partial but incomplete demographic profile of its first cohort.
| Prior School Setting (2024-25) | Number of Applicants | Percentage of Total Applicants | Number of Activated ESAs | Activation Rate |
|---|---|---|---|---|
| Private School | 15,436 | 42% | 9,753 | 96% (of 10,198 eligible) |
| Homeschool | 9,070 | 24% | 5,475 | 97% (of 5,625 eligible) |
| Public School | 10,287 | 28% | 2,428 | 48% (of 5,060 eligible) |
| New Kindergarteners | 1,593 | 4% | 698 | 80% (of 877 eligible) |
| Other / Out of State | 487 | 1% | 129 | \~64% (of \~200 eligible) |
| Total | 36,873 | 100% | 18,483 | \~84% (of \~22,000 eligible) |
The financial implications of a new, large-scale ESA program are invariably a subject of intense debate. In Alabama, the CHOOSE Act's higher-than-expected demand and its low initial switcher rate have laid the groundwork for a fiscal discussion centered on the program's cost to the state's Education Trust Fund. While a full net fiscal impact analysis requires several years of data, the initial numbers allow for a clear articulation of the two competing models that will define this debate: one that views the program as a new and significant cost to the state, and another that sees the potential for long-term savings.
The top-line, or gross, cost of the program is the most straightforward component of the fiscal analysis. The original fiscal note for HB129 projected a minimum cost of $100 million annually to the Education Trust Fund.22 Based on the awards issued as of May 2025, the total cost for the inaugural 2025-2026 school year is projected to be approximately $125 million.9 In response to the high demand, the legislature has committed a total of $180 million in available funds for this first year to ensure all eligible applicants can be served.8 This gross cost is the undisputed starting point for any further analysis.
The primary critique of the CHOOSE Act's fiscal impact, particularly in its early years, is that it functions as a significant new drain on the state's resources. This perspective, often advanced by public school advocates and groups like Alabama Arise, is rooted directly in the program's low initial switcher rate.7
The core of the argument is that for every student who receives an ESA but was already enrolled in a private or homeschool setting, the state is incurring a new cost without any corresponding savings from the public school system. In the first year, with approximately two-thirds of applicants coming from non-public school backgrounds, the vast majority of the program's projected $125 million in expenditures represents a direct diversion of funds from the Education Trust Fund to subsidize the educational choices of families the state was not previously funding.7 This model posits that these funds could have otherwise been used for public school priorities, such as increasing teacher salaries or benefits, which were not included in the most recent budget.31 This perspective views the program, in its current form, as a direct net cost to the state, with the potential to grow into a multi-hundred-million-dollar annual expenditure that could strain the ETF.7
The counter-argument, advanced by school choice proponents, acknowledges the high initial subsidy cost but frames it as a temporary and predictable feature of a new program's launch. This model argues that as the CHOOSE Act matures and becomes a more established option for families, the rate of students switching from public schools will increase, which will, in turn, generate net savings for the state.
This perspective is based on a simple cost comparison. The maximum ESA award of $7,000 is significantly less than the average per-pupil expenditure in Alabama's public schools, which is over $9,000.31 Therefore, every future student who switches from a public school to a private school using an ESA represents a net savings to the Education Trust Fund. This model draws parallels to other states where similar programs have been analyzed. For example, a report on Arizona's ESA program argues that it is a more economical choice for taxpayers and has generated savings 36, while a fiscal analysis of Alabama's previous, more limited Alabama Accountability Act also concluded that it produced a net fiscal benefit for the state.37 From this viewpoint, the initial subsidy costs are a short-term investment that will be offset by long-term savings as the program's user base shifts from existing private school families to former public school students. The long-term fiscal impact, therefore, hinges entirely on the future trajectory of the switcher rate.
A core premise of any school choice program is the existence of a robust and accessible market of alternative educational providers. While the CHOOSE Act makes every K-12 student in Alabama eligible for an ESA, the practical ability of a family to use that account is entirely dependent on the availability of participating schools and services in their local area. An analysis of the initial provider network reveals a significant geographic imbalance, with a wealth of options in urban and suburban centers and a scarcity of choices in many of the state's rural counties.
For its inaugural year, the CHOOSE Act has attracted a sizable network of providers. As of late 2025, over 245 private schools had been approved by ALDOR to accept ESA funds, along with dozens of other ESPs offering services like tutoring, curriculum, and educational therapies.15 This demonstrates a strong initial interest from the private education sector in participating in the program.
Despite the large number of providers statewide, their geographic distribution is highly uneven. A mapping of participating private schools shows that they are heavily concentrated in and around Alabama's four largest metropolitan areas: Birmingham, Montgomery, Mobile, and Huntsville.41 Additional clusters of schools are found in smaller urban centers like Tuscaloosa, Dothan, and the Shoals region.42 For families living in these areas, the program offers a genuine marketplace of diverse educational options within a reasonable commuting distance.
However, outside of these population centers, the landscape changes dramatically. A striking 14 counties in Alabama, primarily located along the state's rural eastern and western borders, have no participating private schools at all. Another 19 counties have only a single participating school.42 This creates vast "choice deserts" where the private school option enabled by the CHOOSE Act is, for all practical purposes, non-existent. For a family in one of these counties, utilizing a $7,000 ESA for private school tuition could require driving an hour or more each way daily, a logistical and financial barrier that is insurmountable for most working families.42
This geographic disparity leads to a significant implication: while the CHOOSE Act is a statewide law, in its current form, it functions as a de facto urban and suburban program. The practical benefits of the private school choice component are disproportionately available to families in metropolitan areas where a critical mass of providers already exists. This raises a fundamental equity concern, as it suggests the program may inadvertently widen the gap in educational opportunities between urban/suburban and rural communities in Alabama. While rural families can still use the smaller $2,000 ESA for homeschooling, the primary $7,000 benefit is largely inaccessible.
The CHOOSE Act's legislation allows for public school districts to become participating providers and accept out-of-district students using ESAs. However, initial participation from this sector has been extremely limited. Only two of the state's public school systems—Dothan City Schools and Mobile County Public Schools—have signed up to participate.41 Furthermore, early data from September 2025 indicated that not a single student had successfully used an ESA to transfer from one public school district to another, highlighting the significant logistical and administrative hurdles to implementing this public-to-public choice component of the law.29
The long-term success and public trust in any large-scale government program, especially one involving the education of children and the expenditure of over one hundred million taxpayer dollars, depend on a robust framework for oversight and accountability. While the CHOOSE Act has several foundational accountability mechanisms in place, a comparative analysis reveals critical gaps in its current structure regarding student academic testing, rigorous financial auditing, and comprehensive public reporting—areas where other mature ESA programs have more developed requirements.
Alabama's program is built with several important oversight features.
Despite these foundational elements, the CHOOSE Act's current framework lacks the more stringent accountability mandates seen in other states, creating potential blind spots for policymakers and the public.
| Data Field | Alabama (CHOOSE Act) | Arizona (Empowerment Scholarship Account) | Florida (Family Empowerment Scholarship) |
|---|---|---|---|
| Administering Agency | Dept. of Revenue 2 | Dept. of Education 2 | Dept. of Education / SFOs 2 |
| Funding Mechanism | Refundable Tax Credit 6 | State General Fund Appropriation 2 | State Ed. Formula / Tax-Credit 2 |
| Eligibility Scope | Universal (Phased-in) 4 | Universal 2 | Universal 2 |
| "Switcher" Mandate | No 7 | No (but data is reported) 2 | Yes (Initially) 2 |
| Mandated Student Testing | Not Specified 15 | State or Norm-Referenced Test 2 | Not Specified 2 |
| Mandated Public Reporting | Aggregate Data on Credits 4 | Quarterly Legislative Reports 2 | SFO Annual Reports/Audits 2 |
The launch of Alabama's CHOOSE Act represents a landmark moment in the state's education policy history, aligning it with a powerful national movement toward universal school choice. The program's design and its inaugural year of implementation provide a rich case study with critical lessons for Alabama policymakers as they navigate the path to full universal eligibility. The analysis reveals a program that has successfully generated high demand but now faces significant challenges related to its fiscal model, geographic equity, and long-term accountability.
This report's analysis yields several key conclusions about the CHOOSE Act in its initial phase. First, the program's launch was met with overwhelming demand that far exceeded state projections, but this demand was driven primarily by families already utilizing private and home education. This has established the program's initial function as a large-scale subsidy, representing a significant new cost to the state's Education Trust Fund. The central question for its fiscal future is whether the "switcher rate" of students leaving public schools will rise over time to generate offsetting savings.
Second, the program's geographic landscape is highly uneven. The concentration of participating private schools in urban and suburban centers has created "choice deserts" in numerous rural counties, raising fundamental questions about equitable access to the program's primary benefits. Third, the decision to house the program within the Department of Revenue is a shrewd legal strategy but creates a potential deficit in educational oversight. Finally, when compared to more mature ESA programs in other states, Alabama's current statutory framework lacks robust mandates for academic testing, systemic financial auditing, and comprehensive public reporting, creating blind spots that could hinder effective long-term evaluation and management.
Based on these findings, the following actionable recommendations are offered to strengthen the CHOOSE Act, enhance its transparency, and ensure its long-term viability as it scales toward universal implementation.
1. Mandate Comprehensive Data Reporting: The legislature should amend the CHOOSE Act to require the Alabama Department of Revenue, in coordination with the Department of Education, to collect and publicly report anonymized, disaggregated data on an annual basis. This report should include, at a minimum: participant demographics (including income bracket and race/ethnicity), prior school enrollment status (the "switcher rate"), and academic outcomes, ideally through the administration of a nationally norm-referenced test to a representative sample of ESA participants. This is the only way to provide a factual basis for evaluating the program's equity and effectiveness.
2. Scale Oversight with Enrollment: To avoid the "oversight deficit" that has challenged larger programs like Arizona's, administrative funding for ALDOR's program integrity unit should be explicitly tied to enrollment or budget size within the law. This would ensure that the state's capacity to audit accounts, review expenses, and prevent fraud grows in lockstep with the program itself, rather than lagging years behind.
3. Address "Choice Deserts": The state should commission a formal study to identify the specific barriers to provider entry in the 14+ rural counties that currently lack participating schools. Based on these findings, policymakers could explore targeted incentives, such as grants for new school creation, support for the expansion of high-quality virtual education providers, or streamlined approval processes for innovative educational models in underserved areas.
4. Refine Fiscal Modeling and Budgeting: As the program moves toward universal eligibility in 2027, the state must develop more sophisticated predictive models for projecting future demand and switcher rates. Relying on static, first-year data will lead to the kind of reactive budgeting seen in 2025\. Proactive, dynamic modeling will allow for more stable and predictable appropriations from the Education Trust Fund.
The Alabama CHOOSE Act is now a reality, and its initial rollout provides a valuable real-world laboratory for education policy. Its low initial switcher rate and the resulting rapid budget escalation offer a crucial lesson for other states about the necessity of accurately forecasting and funding the "subsidy" cost in the early years of a universal program. The program's unique administrative structure and its current gaps in accountability will be critical areas to monitor, offering a powerful case study on the long-term importance of building robust oversight and data transparency infrastructure from the very outset of a major policy reform.
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2. Building State ESA Tracker.pdf
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5. Bill Text: AL HB129 | 2024 | Regular Session | Enrolled | LegiScan, accessed October 28, 2025, https://legiscan.com/AL/text/HB129/id/2952992
6. CHOOSE Act Alabama, accessed October 28, 2025, https://chooseact.alabama.gov/
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