Lt. Governor Ainsworth urges public opinions on AHSAA during conflict over CHOOSE Act
The Alabama High School Athletic Association (AHSAA) is currently embroiled in a lawsuit over its response to the implementation of the CHOOSE Act, a refundable tax credit program designed to help families pay for private schools or homeschooling.
The Accountability Act, a state program for low-income students passed in 2013, allows students to transfer to "a nonfailing public or nonpublic school" and provides financial assistance. However, according to the 2025-26 AHSAA handbook, a student who transfers and receives any financial aid or financial assistance will remain ineligible for one year.
The CHOOSE Act, which has been under consideration by the AHSAA since July 2024, presents a grey area. Early drafts of the CHOOSE Act explicitly protected the AHSAA's eligibility rules, but the final version omits the word 'rules', introducing ambiguity. This has led to a dispute over whether CHOOSE Act financial aid constitutes financial assistance under the AHSAA's rules.
Lieutenant Governor Will Ainsworth has weighed in on the matter, stating that the AHSAA was breaking the law by denying eligibility to CHOOSE Act students. He has encouraged Alabamians to send their thoughts, suggestions, and experiences regarding the AHSAA to his office.
The AHSAA, however, maintains that it has been self-governed for over a century, with the management of its affairs vested in a Legislative Council and a Central Board of Control. James Williams, a lawyer for the AHSAA, emphasized this point, stating that the member schools write the rules for the AHSAA, and this legislative process allows them to change their rules. Once in effect, the AHSAA Executive Director and staff are expected to enforce the rules as written, including rules on eligibility.
In an early September emergency session, the AHSAA board decided against reversing the rule. However, a judge approved a temporary restraining order preventing them from enforcing the rule while the case is being heard.
The comments regarding the AHSAA's actions in relation to the CHOOSE Act have been sent to the Alabama legislature, specifically noted by Lieutenant Governor Will Ainsworth, as the legislative body has full leverage and is overseeing the matter. Rep. Danny Garrett, chair of the House education committee, is also involved in the discussion.
Governor Kay Ivey is in strong opposition to the AHSAA's decision to sideline CHOOSE Act participants from competing in school sports. The 2022-23 AHSAA handbook specifies that if a student transfers and accepts financial assistance from the AHSAA, it impacts the transfer eligibility rules. However, earlier editions of the AHSAA handbook published after the Accountability Act was signed into law only point out the relevant clause in the law and say a student may transfer within the same school system if LEA allows.
Chance Phillips, a reporter, can be reached at cphillips@our website for more information on this developing story.
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