According to the Alabama Department of Education, fewer students have transferred out of failing schools this year than last year.
Statewide tallies show 719 students used the new Accountability Act to leave a failing school for another school in the same district.
Last year, more than twice as many were able to transfer under the No Child Left Behind Act.
The state has received a waiver from those guidelines.
The new state method resulted in 78 failing schools. Eighteen students used the law to transfer to a different school system. Fifty-two students used the $3,500 tax credit to leave a failing public school for a private school.