Senate Bill 342 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 adds enforcement and a private right of action to the CHOOSE Act’s athletic-eligibility nondiscrimination provision.

What This Bill Does

Creates a new enforcement section (16-6J-10) for the CHOOSE Act’s ban on discrimination in athletic eligibility. It allows CHOOSE Act participants (students, their parents, or participating schools) to sue interscholastic athletic associations to obtain injunctive relief or damages for status-based discrimination, and it applies regardless of when the alleged violation occurred. Courts may order relief that prioritizes participation, and may award reasonable attorney fees and costs to the prevailing party; damages can be recovered for actual economic harm.

Who It Affects

• CHOOSE Act participants (students) and their parents or participating schools, who gain a private right of action for discrimination in athletic eligibility
• Interscholastic athletic associations (e.g., Alabama High School Athletic Association) that govern student athletics and could face court actions, injunctions, damages, or fees
• Alabama courts (circuit courts in the participant’s county or Montgomery County) that will hear and decide these civil actions.

Key Provisions

• Adds 16-6J-10 to provide enforcement mechanisms for the CHOOSE Act’s nondiscrimination in athletic eligibility.
• Establishes a private right of action for CHOOSE Act participants to seek injunctive relief or damages against interscholastic athletic associations for discrimination based on CHOOSE Act status, regardless of when the violation occurred.
• Allows courts to grant temporary or permanent injunctions and to presume irreparable harm upon evidence of discriminatory actions, with a priority on allowing participation in athletics.
• Permits recovery of actual economic damages and reasonable attorney fees for the prevailing CHOOSE Act participant; costs and attorney fees may also follow the Alabama Litigation Accountability Act.
• Defines key terms (CHOOSE ACT PARTICIPANT, CHOOSE ACT STUDENT, INTERSCHOLASTIC ATHLETIC ASSOCIATION) and sets venue rules (circuit court in the participant’s county or Montgomery County).
• Effective date: immediate; includes legislative findings supporting enforcement and the role of interscholastic athletics in education.

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

Subjects

Education