Why Alabama’s governor is backing voucher students in sport: How the CHOOSE Act is being tested in court

Alabama Governor Kay Ivey and House Speaker Nathaniel Ledbetter have filed a legal complaint in Montgomery Circuit Court to challenge a decision by the Alabama High School Athletic Association (AHSAA) that restricts students using the CHOOSE Act from participating in athletics during their first year at a new school.The court action seeks to overturn the AHSAA policy, which deems voucher-based educational support as a form of financial aid, thereby rendering affected students ineligible for sports under longstanding rules. The CHOOSE Act, which came into effect this school year, offers families up to $7,000 in state funds to help cover private school tuition or public school transfers, and up to $2,000 for homeschooling.AHSAA eligibility rule under scrutinyThe AHSAA stated that the CHOOSE Act funding constitutes financial aid, and under its established policy, any student transferring schools and receiving financial aid is barred from athletic participation for one year. This rule, the association noted, is designed to uphold “competitive equity and deter recruitment,” as reported by the Associated Press.Governor Ivey and Speaker Ledbetter argue that the CHOOSE Act was not intended to impose restrictions on athletic participation. They maintain that the legislation was created to expand educational choice for all students, including access to sports programmes.“We wrote and passed the CHOOSE Act to give every child a true choice in their education, and that very much includes participation in athletics,” Ivey said in a statement, as quoted by the Associated Press.Details of the CHOOSE Act and student participationThe CHOOSE Act is aimed at supporting families by subsidising educational costs outside of traditional public schools. For the 2024–2025 school year, 23,429 students are enrolled in the programme, according to figures from the Alabama Department of Revenue. Of these, 14,587 are attending private schools, more than 7,000 are being homeschooled, and 1,442 have transferred to public schools.Most of the families taking part in the programme had children already enrolled in private schools or being homeschooled prior to the introduction of the CHOOSE Act.Initially, eligibility for the programme is limited to families earning up to 300% of the federal poverty level. This threshold equates to approximately $77,460 for a family of three. The income cap is set to be removed in 2027, although priority will continue to be given to lower-income families and those with children who have disabilities.Political and legal tensions surrounding school athleticsLedbetter criticised the AHSAA’s timing and decision, suggesting it could have a negative impact on students just as the athletic season begins. “For the AHSAA’s leadership to take such drastic action just as football season begins tells me they are not concerned with the best interests of all student-athletes,” he stated, as reported by the Associated Press.He also indicated that lawmakers may examine the operations of the AHSAA in the upcoming legislative session.Alabama joins a growing number of US states implementing voucher programmes, tax credits, or educational scholarships to help families afford private education or alternative schooling methods.The court case will determine whether students accessing the CHOOSE Act can participate in school athletics immediately or must observe the one-year restriction imposed by AHSAA policy.