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HB563 INTRODUCED
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HB563
NR4SW8J-1
By Representative Garrett
RFD: Ways and Means Education
First Read: 03-Mar-26
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NR4SW8J-1 03/03/2026 OW (L)OW 2026-1160
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First Read: 03-Mar-26
SYNOPSIS:
Under existing law, the CHOOSE Act establishes a
refundable educational savings account for the parents
of participating students.
Also under existing law, the CHOOSE Act contains
an athletic-eligibility nondiscrimination provision,
stating that nothing in the CHOOSE Act shall affect or
change the athletic eligibility of student athletes
governed by an interscholastic athletic association.
This bill would establish enforcement mechanisms
for the CHOOSE Act's athletic-eligibility
nondiscrimination provision.
This bill would provide a private right of
action for a CHOOSE Act participant to pursue
injunctive relief or damages for an action taken by an
interscholastic athletic association that is based
solely on his or her status as a CHOOSE Act
participating student.
This bill would permit courts to award
reasonable attorney fees to a prevailing CHOOSE Act
participant.
This bill would also provide for legislative
findings.
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A BILL
TO BE ENTITLED
AN ACT
Relating to educational choice; to add Section 16-6J-10
to the Code of Alabama 1975, to provide enforcement mechanisms
for the CHOOSE Act's prohibition of discrimination against
CHOOSE Act participating students with respect to eligibility
for K-12 interscholastic athletics; to provide a right of
action for CHOOSE Act participants for violations, regardless
of when the alleged violation occurred; to permit courts to
award reasonable attorney fees; and to provide for legislative
findings.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 16-6J-10 is added to the Code of
Alabama 1975, to read as follows:
§16-6J-10
(a) The Legislature finds and declares the following:
(1) The CHOOSE Act was enacted to expand educational
opportunity in Alabama and enhance the ability of Alabama
parents to choose the K-12 educational setting that best meets
the needs of their children.
(2) Recognizing the importance of interscholastic
athletics, the CHOOSE Act contains an athletic-eligibility
nondiscrimination provision that states, "Nothing in the
CHOOSE Act shall affect or change the athletic eligibility of
student athletes governed by the Alabama High School Athletic
Association or similar association."
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Association or similar association."
(3) Interscholastic athletics are a vital part of a
complete education, promoting teamwork, discipline,
leadership, personal growth, and community engagement.
Participation in interscholastic athletics, like participation
in other extracurricular activities, improves students'
academic performance, school engagement, and social outcomes.
(4) Denying CHOOSE Act participating students the
opportunity to participate in interscholastic athletics based
solely on his or her status as a CHOOSE Act participating
student undermines the CHOOSE Act's promise of meaningful
educational choice.
(5) It is essential to provide robust mechanisms to
enforce the CHOOSE Act's athletic-eligibility
nondiscrimination provision and otherwise ensure that a
student's CHOOSE Act status does not limit his or her ability
to participate in interscholastic athletics.
(b) For purposes of this section, the following terms
have the following meanings:
(1) CHOOSE ACT PARTICIPANT. A CHOOSE Act student, the
parent of such a student, or a participating school.
(2) CHOOSE ACT STUDENT. A participating student,
regardless of whether he or she has begun receiving services
from an education service provider.
(3) INTERSCHOLASTIC ATHLETIC ASSOCIATION. An
association that regulates interscholastic K-12 athletic
events, including the Alabama High School Athletic
Association, the Alabama Independent School Association, or
any similar association. The term also includes any of the
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any similar association. The term also includes any of the
association's officers, agents, servants, employees, member
institutions, and any other person working in concert with
them.
(c)(1) A CHOOSE Act participant may bring a civil
action against an interscholastic athletic association to
enjoin any of the following actions by an interscholastic
athletic association:
a. Adoption, enforcement, or implementation of a rule
or other policy or practice that limits or impedes
participation of a CHOOSE Act student in an athletic activity
based solely on his or her status as a CHOOSE Act
participating student.
b. Punishment of, or any adverse action against, a
CHOOSE Act participant for a CHOOSE Act student's
participation in an athletic activity pursuant to a court
order, even if the court order is later vacated, stayed,
reversed, or found to lack justification, if the court order
was issued pursuant to paragraph a. or to enforce the
prohibition in Section 16-6J-3(i) prohibiting discrimination
against CHOOSE Act students with respect to athletic
eligibility.
c. Retaliation against a CHOOSE Act participant for
advocacy or support of a CHOOSE Act student's participation in
an athletic activity pursuant to paragraph a. or Section
16-6J-3(i).
(2) The following rules shall govern an action for
injunctive relief brought pursuant to this subsection:
a. The CHOOSE Act participant may seek a temporary
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a. The CHOOSE Act participant may seek a temporary
restraining order, preliminary injunction, permanent
injunction, or any combination thereof, pursuant to the
principles of equity governing such forms of relief, provided
a court shall prioritize allowing participation in an athletic
activity by a CHOOSE Act student over preservation of the
status quo.
b. Upon presenting sufficient evidence that an
interscholastic athletic association has taken or will likely
take an action enumerated in subdivision (1), a CHOOSE Act
participant shall be conclusively presumed to have established
irreparable harm, that the CHOOSE Act participant has no
adequate remedy at law, and that the requested injunction
would serve the public interest.
c. Upon presenting sufficient evidence that an
interscholastic athletic association has taken or will likely
take an action enumerated in subdivision (1), a CHOOSE Act
participant shall be presumed to have established that the
balance of the hardships favors issuance of an injunction
unless the interscholastic athletic association establishes
otherwise by clear and convincing evidence.
(3) Under this subsection, a court may award relief
regardless of when the action described in subdivision (1) was
taken by the interscholastic athletic association.
(d) In addition to any relief sought pursuant to
subsection (c), a CHOOSE Act participant may bring a civil
action against an interscholastic athletic association to
recover the CHOOSE Act participant's actual economic damages
proximately caused by any action enumerated in subdivision
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proximately caused by any action enumerated in subdivision
(c)(1) taken by the interscholastic athletic association,
provided such civil action shall be brought within two years
from the date of the action at issue.
(e) Venue for an action brought pursuant to this
section shall be proper in the circuit court of the county in
which the CHOOSE Act participant resides, attends school,
operates a school, or in the Circuit Court of Montgomery
County.
(f) In an action brought pursuant to this section, the
court may award costs and reasonable attorney fees to a
prevailing CHOOSE Act participant. The court may award costs
and reasonable attorney fees to a prevailing interscholastic
athletic association as provided in the Alabama Litigation
Accountability Act.
Section 2. This act shall become effective immediately.
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