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Governor signs act ensuring athletic eligibility for CHOOSE Act students

The new law took effect immediately, giving CHOOSE Act recipients legal recourse if athletic associations bar students from sports.

Senator Clyde Chambliss, Governor Kay Ivey and Representative Danny Garrett (center) at Let Kids Play Act signing Governor's Office

Alabama Governor Kay Ivey signed a bill into law on Tuesday to help ensure students who receive CHOOSE Act funds may participate in school athletics programs.

The Let Kids Play Act, sponsored by Senator Clyde Chambliss, R-Prattville, was proposed by the governor following a lawsuit that Ivey and House Speaker Nathaniel Ledbetter brought last year against the Alabama High School Athletic Association. The suit challenged regulations barring CHOOSE Act students from participating in athletics for a year after they transfer schools.

The CHOOSE Act allows families to claim up to $7,000 per qualifying child to fund non-public school expenses. AHSAA regulations held that CHOOSE Act funding is a form of financial aid, barring CHOOSE Act recipients from participating in school athletics immediately after they transfer.

Ivey and Ledbetter alleged that the AHSAA regulation discriminated against student-athletes who receive CHOOSE Act funds. AHSAA, meanwhile, has argued in court that restrictions on eligibility for transferring financial aid recipients, including recipients of funds provided by the CHOOSE Act, are necessary to promote fairness in school athletics by ensuring that private schools cannot recruit top athletes through financial aid incentives.

A temporary restraining order blocking the AHSAA regulation was granted by a Montgomery Circuit Court judge last September. The association’s yearlong moratorium on athletics participation for students who utilize other forms of student aid remains in place.

“The Let the Kids Play Act stands up for students and families who followed the law and played by the rules,” Ivey said in a statement Tuesday.

“The CHOOSE Act was designed to expand educational opportunities for all Alabama students, not to be twisted to take it away,” the governor added. “That is why I was proud to sign this bill into law. Every child deserves a fair shot both in the classroom and on the field.”

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The governor announced the Let Kids Play Act as a 2026 Legislative Session priority during her State of the State address in January.

“This session will make sure no family benefiting from the CHOOSE Act is unfairly benched again,” Ivey said during her speech.

The CHOOSE Act contains a nondiscrimination clause providing that “Nothing in the CHOOSE Act shall affect or change the athletic eligibility of student-athletes governed by the Alabama High School Athletic Association or a similar association.”

The Let Kids Play Act mandates that CHOOSE Act participants may bring civil suits against interscholastic athletic associations they believe violate the nondiscrimination clause by limiting, punishing or retaliating against a student’s ability to participate in athletics based solely on the student receiving CHOOSE Act funds.

Chambliss, in a statement released by Ivey’s office, described the legislation as reinforcing “the core promise of the CHOOSE Act” by mandating that students are not denied the opportunity to participate in school sports “solely because of their educational choice.”

“By establishing clear enforcement mechanisms, we are ensuring that every student has a fair and equal chance to compete,” the bill sponsor said. “I appreciate my colleagues in the Legislature for their support in getting this bill across the finish line and thank Governor Ivey for her continued leadership and support for all of Alabama’s students.”

Representative Danny Garrett, R-Trussville, who carried the House version of the bill, also championed the legislation’s enactment in a statement following the signing ceremony.

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“Participation in athletics is a vital part of a student’s overall development, and this bill ensures that CHOOSE Act students are treated equally both in the classroom and on the field,” Garrett said. “With real accountability measures in place, this legislation ensures that no student is treated differently because of their participation in the CHOOSE Act. I am grateful to my fellow legislators for their support and to Governor Ivey for her commitment to putting Alabama students first.”

The newly signed law is effective immediately.

Wesley Walter is a reporter. You can reach him at [email protected].

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