Alabama Legislature and AHSAA Clash Over CHOOSE Act and Athletic Eligibility

MONTGOMERY, AL – The Alabama High School Athletic Association (AHSAA) is at the center of a heated debate involving state lawmakers, Governor Kay Ivey, and the CHOOSE Act, a school-choice program that has sparked controversy over its impact on athletic eligibility. The ongoing dispute has led to proposed legislation that could significantly alter the governance of high school sports in Alabama.

The CHOOSE Act: A Game-Changer for School Choice

The CHOOSE Act, introduced in 2025, provides families with up to $7,000 in taxpayer funds per child to cover private school tuition, homeschooling, or other educational expenses. While the program aims to expand educational opportunities, it has created friction with the AHSAA, which enforces a rule that students receiving financial aid to transfer schools are ineligible to participate in athletics for one year.

The AHSAA argues that this policy ensures competitive fairness and prevents recruitment abuses. However, critics, including Governor Ivey and House Speaker Nathaniel Ledbetter, claim the rule unfairly penalizes CHOOSE Act recipients. In September 2025, Ivey and Ledbetter filed a lawsuit against the AHSAA, alleging discrimination against student-athletes benefiting from the program.

Legislative Pushback: Senate Bill 73 and the “Let the Kids Play Act”

In response to the controversy, Alabama lawmakers have introduced two bills targeting the AHSAA. Senate Bill 73 (SB73), sponsored by Senator Donnie Chesteen, proposes transferring significant control of the AHSAA to state politicians. The bill mandates that at least 50% of the AHSAA’s governing board be appointed by the governor, legislative leaders, and the lieutenant governor. It also requires public review of eligibility rules under the Alabama Administrative Act.

Another bill, dubbed the “Let the Kids Play Act,” spearheaded by Senator Clyde Chambliss, seeks to provide legal recourse for parents if their children are denied athletic eligibility due to CHOOSE Act funds. Chambliss emphasized that the CHOOSE Act is not a scholarship but a tool for educational flexibility, and its recipients should not face restrictions in sports.

Mediation and Legal Battles

The legal dispute reached a turning point in November 2025 when Montgomery County Circuit Judge J.R. Gaines ordered mediation between the AHSAA, Governor Ivey, and Speaker Ledbetter. A temporary restraining order remains in place, allowing CHOOSE Act students to compete while the case is resolved. Mediation efforts aim to find a permanent solution, but tensions remain high as the legislative session progresses.

Reclassification Delayed Amid Mediation

Adding to the complexity, the AHSAA postponed its bi-annual reclassification process from December 15, 2025, to January 23, 2026, citing ongoing mediation with the State of Alabama. Reclassification, which determines school classifications and region alignments for the next two academic years, is a critical process for high school athletics. The delay has fueled speculation about potential structural changes, including a public-private school split.

The Possibility of a Public-Private Split

One of the most debated topics is whether the AHSAA should separate public and private schools in athletic competition. Options under consideration include a full split, where private schools would no longer compete against public schools, or a championship-only split, allowing regular-season matchups but separating schools during playoffs. Private schools, which make up nearly 60 of the AHSAA’s members, have expressed concerns about policies they believe disproportionately affect them. A decision on this matter could reshape the landscape of high school sports in Alabama.

Implications for Alabama High School Sports

The proposed legislation and potential structural changes have sparked a broader debate about the role of government in high school athletics. Critics argue that political interference could undermine the AHSAA’s autonomy and disrupt the stability of high school sports. The AHSAA, founded in 1921, has long been a cornerstone of Alabama’s athletic programs, prioritizing the interests of student-athletes.

Supporters of the bills, however, contend that the AHSAA’s policies are outdated and fail to reflect the changing educational landscape. They believe legislative oversight is necessary to ensure fairness and inclusivity for all students.

The Road Ahead

As the Alabama legislature considers these bills and the AHSAA prepares for its delayed reclassification announcement, the future of high school sports in the state hangs in the balance. With over 23,000 students participating in the CHOOSE Act during its first year, the outcome of this debate will have far-reaching implications for families, schools, and athletic programs across Alabama.

For now, the focus remains on mediation and legislative negotiations, with both sides striving to strike a balance between maintaining competitive integrity and expanding opportunities for student-athletes.

FEATURED IMAGE: Montgomery Catholic takes on Moody in the 2024 AHSAA Class 5A state title game at Birmingham’s Protective Stadium.  (Jackson Hillis | PrepsNet)