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House committee passes bill ensuring athletics eligibility for CHOOSE Act students

Lawmakers advanced legislation Wednesday to prevent the Alabama High School Athletic Association from penalizing transferring students who utilize educational savings accounts.

State Representative Danny Garrett

A House committee on Wednesday approved a bill that would ensure Alabama students are not ruled ineligible for athletic participation solely due to receiving CHOOSE Act funds.

Rep. Danny Garret, R-Trussville, chair of the House Education Ways and Weans Committee, brought the bill as the latest move in an ongoing fight between the state and the Alabama High School Athletic Association, which has blocked students receiving CHOOSE Act funds from immediate athletic eligibility.

The AHSAA has since reversed that decision after Governor Kay Ivey and House Speaker Nathaniel Ledbetter, R-Rainsville, sued the organization and won a temporary restraining order from a judge. As of January, the AHSAA is not determining eligibility on ht basis of CHOOSE Act funds.

Garrett’s bill would further cement that reality into Alabama law if it gains full approval.

The CHOOSE Act, signed into law in March 2024, established Education Savings Accounts that allow parents to use refundable income tax credits to cover tuition and other educational expenses. While the law explicitly protects athletic eligibility, the AHSAA amended its bylaws to classify CHOOSE Act funds as financial aid, enacting a rule that forces transferring athletes who utilize these funds to sit out a year. 

This action is commonplace with other students who receive financial aid or assistance. According to the filing, AHSAA Executive Director Heath Harmon issued guidance confirming the rule would apply to CHOOSE Act participants.

The committee had no comments on the bill Wednesday and all members voted in favor.

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The bill no moves to the full House for consideration as the legislative session approaches six days remaining.

Jacob Holmes is a reporter. You can reach him at [email protected]

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