The CHOOSE Act is a proposed bill that aims to establish a refundable income tax credit to assist with the cost of educational expenses for eligible students through the creation of education savings accounts (ESAs). The bill sets forth the roles and responsibilities of parents, education service providers, and participating schools, as well as the Alabama Department of Revenue's duties in managing the program. It includes definitions for key terms and specifies that the tax credit will be available from January 1, 2025, with priority given to siblings of participating students and dependents of active duty service members. The credit amount is capped at $7,000 for enrolled students and $2,000 (up to $4,000 for multiple students) for non-enrolled students. The bill ensures that tax credits are not taxable income and are protected from offset or debt collection, and it outlines the conditions for revoking or denying the credit.
HB129 Enrolled details the requirements for education service providers and participating schools to be approved by the department, including submission of information, non-discrimination policies, and compliance with various laws and regulations. Public schools acting as education service providers are granted flexibility and are not obligated to enroll any student. The bill grants the department authority to manage ESAs, approve applications, and conduct financial audits to prevent fraud. It also establishes the CHOOSE Act Fund in the State Treasury with a minimum annual appropriation of $100 million, starting in the fiscal year ending September 30, 2026, and includes provisions for legal intervention by parents and students. The bill indicates insertions related to the Senate's amendments and the House's concurrence with these amendments on March 6, 2024.