Governor Kay Ivey and multiple state lawmakers criticized a recent ruling by the Alabama High School Athletic Association (AHSAA) that said student-athletes who transfer using financial assistance from the state's new CHOOSE Act school choice law will be required to sit out for one year before competing in athletics.
The AHSAA rule was first reported on by the Trussville Tribune.
The 2024 law provides up to $7,000 to a participating student in an education savings account to use on tuition, fees, and education expenses. The 2025-2026 academic year is the first year the school program is available to students.
State Sen. Chris Elliott (R-Josephine) said the AHSAA rule is contrary to the 2024 school choice bill passed into law in 2024.
"They're on thin ice as it is. They're absolutely defying what the legislature has said in statute. This is not just going to be, 'Hey, we're mad at you.' This is going to be some serious phone calls with board members and getting really involved and all up in their business," Elliott told 1819 News on Friday. "They need to revisit this immediately. This is a wrong decision. It is not just contrary to the interests of the child but also to the law passed by the legislature and signed by the governor."
Gina Maiola, a spokeswoman for Ivey, told 1819 News, "Governor Ivey strongly disagrees with the Alabama High School Athletic Association's decision to sideline CHOOSE Act recipients from competing in school sports."
"We are in active discussions with schools and are proactively looking into how we could push back on this policy decision," Maiola said.
Othni Lathram, Legislative Services Agency Director, said in a memorandum to Elliott on Friday that the AHSAA rule is at odds with state law.
"At your request, I have reviewed Rule VI, Section 7 of the Alabama High School Athletic Association for the 2025-2026 school year, which disqualifies for one year a student who transfers to a member school and receives financial aid or financial assistance," Lathram said. "The Legislative intent that the availability of these educational options not be foreclosed based on athletic considerations could not have been more clear. This law explicitly stated that "Nothing in [the CHOOSE Act] shall affect or change the athletic eligibility of student athletes governed by the Alabama High School Athletic Association." In other words, a student's eligibility to participate in school sports, as governed by the ASHAA, shall not be affected or changed for a student who transfers schools in accordance with the provisions of the CHOOSE Act. The intent is clear: a student's eligibility to participate in school sports shall not be impacted by a transfer via the CHOOSE Act."
State Sen. Lance Bell (R-Pell City) cited lines in the CHOOSE Act that state, "Nothing in this act shall affect or change the athletic eligibility of student athletes governed by the Alabama High School Athletic Association or similar association."
"I'm very disappointed that the AHSAA has decided to violate the law. I really hope that the AHSAA will review lines 162-165 in ACT 2024-21 and change their position. So much more could be said, but I would like to give them the opportunity to reverse this rule and comply with state law," Bell told 1819 News.
Rep. Danny Garrett, R-Trussville, told the Trussville Tribune the AHSAA ruling came as a surprise and would likely spark discussion in the upcoming legislative session.
"I think it's very likely this will be addressed," Garrett told the outlet. "It's regrettable, especially for kids who are now being affected right in the middle of football season. Hopefully, there will be a resolution soon."
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