MONTGOMERY — The Alabama House of Representatives passed Senate legislation allowing participants in a new school choice program to sue the Alabama High School Athletic Association (AHSAA) in certain eligibility disputes.
The bill relates to the state’s Creating Hope and Opportunity for Our Students' Education (CHOOSE) Act, a law that established education savings accounts for students who pursue alternative schooling methods or attend a school outside their zone.
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The bill, sponsored by State Sen. Clyde Chambliss (R-Prattville) and carried by State Rep. Danny Garrett (R-Trussville) in the House, would allow a CHOOSE Act participant to pursue injunctive relief or damages for an action taken by any interscholastic athletic association based solely on a student’s status as a CHOOSE Act participant.
The bill comes after Gov. Kay Ivey and House Speaker Nathaniel Ledbetter (R-Rainsville) sued the AHSAA over their rule requiring transfer students using CHOOSE Act funds to sit out from athletics for a year. A judge granted a temporary restraining order against the AHSAA, allowing affected CHOOSE Act students to participate in sports while the lawsuit proceeds.
“There was a confusion last year that [AHSAA] was taking the position that if anyone was using CHOOSE Act funds, that was deemed to be financial aid, and that made that student ineligible for the year,” Garrett said.
He continued, “If you receive CHOOSE Act funds, you still must meet all their other rules, if it’s a bona fide move rule or any other rule they have for eligibility, that stays in place.”
Some House Democrats spoke during debate on the bill. However, they were mostly bemoaning the CHOOSE Act as a law and other AHSAA policies, including the restructuring of postseason athletics by splitting public- and private-school postseason competition.
State Rep. Curtis Travis (D-Tuscaloosa), the only no vote on the bill, told House members he believed the state should prioritize its public schools rather than increase funding available through the CHOOSE Act.
“We need to be putting that same amount of money over into the public school system; that’s my opinion," he proclaimed.
Garrett, who chairs the education budget committees, pushed back against Travis.
“We are investing more dollars into public education, and we’re going ot continue to do that as we grow,” Garrett responded. “So, we’re not abandoning that commitment. We’re trying to make public school better.”
The bill passed handily, 104-1. It now goes to Ivey for her signature before becoming law.
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