BIRMINGHAM, Ala. – A bill filed in the Alabama House would allow families using the state’s CHOOSE Act education savings accounts to sue if an athletic association denies a student eligibility solely because they participate in the program.
House Bill 563, sponsored by Rep. Danny Garrett, R-Trussville, would create an enforcement mechanism for a provision in the CHOOSE Act stating that student’s athletic eligibility should not be impacted.
The bill could get its first vote in the House education budget committee, chaired by Garrett, Wednesday.
The bill would allow a CHOOSE Act participant – a student, parent or participating school – to seek an injunction or damages against an athletic association that restricts participation based solely on the student’s CHOOSE Act status.
The bill would also make it easier for families to get a court order allowing a student to play while a dispute is being resolved.
Garrett said the bill is meant to clarify the Legislature’s intent when it passed the CHOOSE Act in 2024.
“We’re just basically clarifying the legislative intent is that people who use CHOOSE Act funds cannot be denied athletic eligibility solely for that reason,” Garrett told Alabama Daily News recently.
He said the legislation does not prevent athletic associations from enforcing other eligibility requirements.
“The athletic association may have other requirements – bona fide move, those type of things. That’s a different issue,” Garrett said. “But you can’t deny eligibility solely because they’re using CHOOSE Act funds.”
Garrett said the program is not financial aid but rather a way to direct education funding to families.
“The school choice concept is a redirection of taxpayer dollars to follow the child,” he said.
The bill would allow courts to issue temporary or permanent injunctions allowing students to participate in athletics and would permit courts to award attorney fees to a prevailing CHOOSE Act participant.
The legislation follows a dispute last fall between state leaders and the Alabama High School Athletic Association over how the organization should treat students using CHOOSE Act education savings accounts who transfer schools.
The AHSAA initially determined that the funds should be considered financial aid, which would require a student who transferred to a school using CHOOSE Act funds to sit out for a year.
Gov. Kay Ivey and House Speaker Nathaniel Ledbetter challenged that interpretation in court, arguing the CHOOSE Act clearly states that participation in the program should not affect a student’s athletic eligibility.
A Montgomery County judge later issued an order allowing affected students to play while the case proceeds. The lawsuit, which now includes a parent whose child was impacted, has since been sent to mediation.
The AHSAA issued a news release in January stating that CHOOSE Act funds will no longer impact athletic eligibility. It’s unclear what impact that will have on the current lawsuit.
The CHOOSE Act created an education savings account program allowing eligible families to use state funds for private school tuition and other approved education expenses, including homeschooling expenses.
To be eligible, household adjusted gross income cannot exceed 300% of the federal poverty level, or about $80,000 for a family of three.
Nearly 19,000 students are using CHOOSE Act education savings accounts for the current school year. About two-thirds of students used the funds to attend a private school. Applications for CHOOSE Act funds for the 2026-27 school year opened Jan. 2 and close on March 31.
A companion bill has been filed in the Senate by Sen. Clyde Chambliss, R-Prattville.
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