Legislation altering how ELL students factor into sports classifications for Alabama public schools passes House committee

A bill that would change how public schools classify students for athletic competition advanced through the Alabama House Education Policy Committee on Wednesday, following the adoption of a substitute version.

HB298, sponsored by State Rep. Brock Colvin (R-Albertville), originally proposed that English language learner students who do not participate in interscholastic athletics be excluded from a school’s average daily membership calculation for their first five years of enrollment.

The bill aimed to prevent schools with large ELL populations from being placed in higher athletic classifications based on enrollment numbers that included non-athlete students. However, after public discussion, lawmakers adopted a substitute version of the bill that alters how ELL students factor into classification. Instead of the original five-year provision, the substitute applies only to students in the 9th, 10th, and 11th grades—the grades used for athletic classification calculations. Additionally, a 15% ELL threshold will trigger the removal of non-athlete ELL students from average daily membership calculations before numbers are submitted to athletic associations for classification.

“This does not prevent any student from participating in athletics. And we’re not hiding anybody—if they do play, they count,” Colvin said during the committee meeting. He further explained that the changes provide protections for schools by ensuring that a sudden influx of ELL students does not automatically push schools into a higher classification.

“It gives them some protections, relief, knowing they’re not gonna automatically jump up classifications.”

While supporters of the bill argue that the measure levels the playing field for schools competing in athletic divisions, State Rep. Alan Baker (R-Brewton) raised concerns about legislative overreach into the role of athletic associations. He noted that the Alabama High School Athletic Association (AHSAA) and the Alabama Independent School Association (AISA) already operate independently and questioned whether the legislature should intervene in their classification policies.

“I caution this body… not to be overstepping our authority somewhat in the domain that already has a board,” Baker said. “This is a statewide board.”

Baker further compared the issue to federal oversight of collegiate athletics, stating he would not want Congress dictating NCAA policies on competition rules and classifications.

“Just as I would not want Congress interfering in the NCAA, trying to tell them what types of competition policies—whether it be football, basketball, or whatever sport—then I would not want Congress being that entity that is trying to tell the NCAA what to do,” he said.

Baker urged caution in setting a precedent where the legislature directly influences athletic governance, suggesting that classification decisions should remain within the purview of the existing athletic boards, but the bill was ultimately given a favorable report.

The bill now moves to the full House for consideration. If passed, it would take effect on June 1, 2025.

Grace Heim is a state and political reporter for Yellowhammer News. You can follow her on X @graceeheim or email her at [email protected].