Alabama Senate education policy chair challenges AHSAA actions on CHOOSE Act

BIRMINGHAM, Ala. — The head of Alabama’s Senate Education Policy Committee says the Alabama High School Athletic Association is making itself irrelevant by refusing to work with lawmakers on a dispute over whether CHOOSE Act participants are immediately eligible to play high school sports.

As a result, lawmakers are weighing legislative action in the upcoming session to resolve the issue.

“The high school athletic association had a chance to have a seat at the table and work with us for the best interest of these students, and that didn’t happen,” Sen. Donnie Chesteen, R-Geneva, said on Alabama Public Television’s most recent episode of Capitol Journal. “So I think we’re going to have to take a look at it this session.”

“This is my perspective,” Chesteen said. “The High School Athletic Association has known school choice is coming. It’s been talked about, and it’s here. They had an opportunity as an association to sit down with the governor and her staff to talk about how we can make this work for what’s best for the kids.”

The CHOOSE Act, passed in March 2024, provides $7,000 for educational services to eligible students. About 18,500 students are using the education savings accounts this year to attend private schools or homeschool. 

In July 2024, the AHSAA rules committee determined that CHOOSE Act funds are financial aid and ruled that students using them are ineligible to play in games for one year after enrolling at a school. The rule is meant to address recruiting concerns. 

Chesteen said concerns about recruiting are misplaced.

“To say that recruiting is not going on in the state of Alabama right now – I would totally disagree with. It’s already there,” he said. “Where have they been for the last several years on these schools that have built these incredible high school programs?”

ADN reached out to AHSAA for comment on their recruiting violation enforcement and received a written statement from Executive Director Heath Harmon.

“We always appreciate Mr. Chesteen’s comments and thoughts concerning the AHSAA,” Harmon said. “His father was a long-time coach and administrator who truly made a difference in the lives of the students he taught and coached in Geneva County. Mr. Chesteen not only participated in the AHSAA as a player for his dad’s teams, but he also spent several years coaching in the AHSAA.”

While not directly addressing the recruiting question, Harmon continued.

“I am sure he fully understands the challenges our schools face today are not much different than they were when his dad was coaching and when he was coaching.

“… We always appreciate and respect input from outstanding leaders like him and his father who grew up learning and later teaching the life values athletics can teach its students in the AHSAA.” 

While Chesteen did not name specific schools he believes are recruiting players, concerns about recruiting have lingered for years. A 2017 AL.com survey of 356 AHSAA coaches found that 79% said recruiting was somewhat or extremely widespread, and 72% said coaches were either somewhat or not very concerned about AHSAA sanctions. 

The AHSAA declined to provide recent complaint data but said it now tracks student transfers through its online athlete registration system. A committee has been formed to review that data to determine possible actions when schools with large numbers of transfers are identified. 

In an August 2024 article on Yellowhammer News, former AHSAA Associate Executive Director Kim Vickers said schools aren’t recruiting – parents are “shopping them around.”

Recruiting critics say expanded school choice, like CHOOSE Act ESAs, may make that easier. 

Gov. Kay Ivey and House Speaker Nathaniel Ledbetter, R-Rainsville, filed a lawsuit Sept. 4 challenging the AHSAA rule. The next day, they asked a Montgomery County judge to block its enforcement, and the judge issued a temporary restraining order.

On Sept. 19, Ivey’s attorneys filed an amended complaint adding the parent of an affected student and asked for a preliminary injunction to prevent punishment of schools that allowed CHOOSE Act recipients to play. The judge has not ruled on that request.

The AHSAA moved to dismiss the case on Oct. 2, arguing the state lacks standing. A hearing is set for Nov. 21 – the date of the third round of high school football playoffs.

Meanwhile, other leaders have joined the criticism. Lt. Gov. Will Ainsworth posted on social media that he plans to “offer legislation to strip AHSAA of its power and give it to an entity that will follow the law.”

On Sept. 18, he invited the public to share experiences and ideas for reforming the organization.

Read more at aldailynews.com.