SB342 Alabama 2026 Session

Summary

Primary Sponsor

Clyde ChamblissSenator

Republican

Session

2026 Regular Session

Title

Education; CHOOSE Act's athletic-eligibility nondiscrimination provision, enforcement mechanism established; private right of action established

Summary

SB342 creates a private right of action to enforce the CHOOSE Act’s athletic-eligibility nondiscrimination, allowing participants to sue interscholastic athletic associations for discrimination and seek court-ordered relief.

What This Bill Does

It adds a new section (16-6J-10) establishing enforcement mechanisms for CHOOSE Act nondiscrimination in K-12 athletic eligibility. A CHOOSE Act participant (student, parent, or participating school) may file a civil action against an interscholastic athletic association to stop rules or practices that limit participation based on CHOOSE Act status. Courts can grant injunctive relief prioritizing the student’s participation and may award actual damages; venue rules apply; and attorney fees may be awarded to the prevailing party. The act takes effect immediately and allows standard eligibility rules to apply only if they are applied without regard to CHOOSE Act status.

Who It Affects

• CHOOSE Act participants (students, their parents, or participating schools) who are denied or limited from participating in interscholastic athletics based on CHOOSE Act status.
• Interscholastic athletic associations (and their officers, employees, and member institutions) that enforce eligibility rules or take actions affecting CHOOSE Act students, who may be sued for discriminatory practices.

Key Provisions

• Adds Code section 16-6J-10 to enforce CHOOSE Act nondiscrimination in athletic eligibility.
• Defines CHOOSE ACT PARTICIPANT, CHOOSE ACT STUDENT, and INTERSCHOLASTIC ATHLETIC ASSOCIATION.
• Allows a CHOOSE Act participant to bring a civil action to enjoin rules or actions that limit participation based on CHOOSE Act status; prohibits certain discriminatory actions and retaliation.
• Allows injunctive relief (temporary, preliminary, permanent) with prioritization of participation and presumptions of irreparable harm; relief can be sought regardless of when the action occurred.
• Allows recovery of actual economic damages within two years, with venue in the local circuit court or Montgomery County; prevailing party may recover costs and reasonable attorney fees (subject to the Alabama Litigation Accountability Act).
• Effective immediately.

AI-generated summary using openai/gpt-5-nano-2025-08-07 on Apr 1, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Education