BIRMINGHAM, Ala. – Alabama’s fight over athletic eligibility for students using the state’s new CHOOSE Act school choice program escalated Thursday as Lt. Gov. Will Ainsworth called on Alabamians to share their experiences and ideas for reforming the Alabama High School Athletic Association.
“The AHSAA’s decision to declare itself above the law is the symptom of a much bigger problem – a complete lack of accountability for its actions,” Ainsworth said in a statement.
“It is obvious that we must look into reforming how high school athletics are governed and regulated in Alabama, so I invite the public to send me their thoughts, suggestions, and experiences as we put together a plan.”
Ainsworth also posted his request on social media.
At issue is the AHSAA’s interpretation of the CHOOSE Act, a 2024 law creating education savings accounts that allow taxpayer dollars to follow students to participating private schools. Parents can use the funds for tuition, textbooks, fees or other eligible services.
Despite language that lawmakers claim shields participants from losing athletic eligibility, the AHSAA has treated the ESAs as “financial aid,” meaning transfers who are using CHOOSE Act ESAs must sit out a year before competing.
Attorney Jim Williams, who represents the AHSAA, said in a statement that the association is run by its 424 high schools and 333 junior high and middle schools, which include public, private and parochial schools.
He explained that the group operates under a constitution and bylaws and is overseen by two governing bodies: the Legislative Council and the Central Board of Control.
“Through these governing bodies, the member schools write the rules for the AHSAA. This legislative process also allows the member schools to change their rules.
“However, once in effect, the member schools want and expect the AHSAA Executive Director and staff to enforce the rules as written which would include rules on eligibility.”
Roughly 37,000 students applied for ESAs in the first year, 23,000 students were approved and 18,000 students are actively using them.
State leaders argue the association’s stance undermines legislative intent and punishes families exercising school choice. Gov. Kay Ivey and House Speaker Nathaniel Ledbetter have sued the AHSAA, claiming it ignored the law.
A Montgomery circuit judge recently issued a temporary restraining order, halting the eligibility bans while the case proceeds.
Sen. Chris Elliott, R-Josephine, told Alabama Daily News legislation targeting AHSAA is expected in the legislative session that starts in January. Previous bills to put more state oversight on the private association, including one to require regular audits, have failed.
“I think you’ll see something related to an audit of their books,” Elliott said Thursday. “I think you will see something related to approval of their rules, some sort of way to get a handle on their rule making process and what they’re doing. Because, unfortunately, they seem to think that they’re above the law and they’re not.”
Ainsworth initially amplified his recent criticism in a post on X, saying the same organization charged with enforcing rules was “breaking the law” by denying CHOOSE Act athletes the chance to play sports. He vowed to offer legislation shifting authority over high school sports to a body that “will follow the law.”
Ainsworth noted recent clashes between the AHSAA and public officials in the news release.
In 2022, the group drew national criticism for forcing Oakwood Adventist Academy to forfeit a basketball playoff scheduled during its Sabbath, despite the school’s request to delay tipoff.
And in 2019, it benched Troy standout Maori Davenport over a paperwork error related to her Team USA play until a judge restored her eligibility.
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