28-05-2025
Alabama bill removing English language learners from school athletic classifications dies
Rep. Brock Colvin, R-Albertville, applauds during a session of the Alabama House of Representatives on April 17, 2025 at the Alabama Statehouse in Montgomery, Alabama. Colvin plans to bring back his bill that would have excluded certain English language learner (ELL) students from a public school's average daily membership when determining athletic competition classification next year. (Brian Lyman/Alabama Reflector)
A bill that would have excluded certain English language learner (ELL) students from a public school's average daily membership when determining athletic competition classification failed to move in this year's session.
But the bill's sponsor said it will likely return next year.
'We just ran out of time,' said Rep. Brock Colvin, R-Albertville, in an interview last week. 'I think one thing we can take away is a lot of people get educated on an issue that's only impacting a few areas in our state.'
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HB 298 passed the House 72-1 with 29 abstentions and many floor amendments on April 30, but never received a Senate committee vote. The legislation would not have limited the ability of ELL students to participate
The bill in some ways reflects demographic changes in the state. About 5.7% of Alabama's population is Hispanic or Latino, according to U.S. Census Bureau data. But the numbers are significantly higher in parts of northern Alabama. Marshall County's population, where Colvin is from, is about 16% Hispanic or Latino. According to about 86% of ELL students in 2022-23 identified as Hispanic or Latino.
Colvin and other supporters of the legislation claim that ELL students were generally not participating in extracurricular activities, which meant that schools could be moved up to athletic classification levels where they would struggle.
'I didn't understand why we have to count them, because it's not an accurate reflection of our athletic pool,' Colvin said.
Through debates on the bill, Rep. Ginny Shaver, R-Leesburg, said Crossville High School in DeKalb County paused its varsity football team two years ago because it was moved to a 5A classification by the Alabama High School Athletic Association (AHSAA).
Crossville High School Principal Jon Peppers said in an interview last week the school only had about 20 kids on the team and competed against other 5A schools with 50-100 athletes.
'A lot of kids were playing football in the ninth grade, 10th grade, and they were having to go out on the field against teams like Guntersville, Albertville, Boaz,' Peppers said. 'Their teams would have a whole offensive team, a defensive team, and we'd have kids that had to play both ways, and they had never played football before. Then they got hurt.'
Numbers on athletic participation by racial or ethnic background in Alabama are not available. The Alabama High School Athletic Association (AHSAA) does not have specific data on the race of its athletes. A 2022 National Center for Health Statistics study found that in 2020, about 60% of non-Hispanic white students aged 6-17 had participated in sports in the last year, compared to about 47% of Hispanic students and 42% of Black students.
Allison Hamilton, executive director of the Alabama Coalition for Immigrant Justice, said in an interview last week that English and a second language (ESL) and ELL students are not a direct correlation to high school teams not having enough participation.
'If a school's population is growing, then maybe that's what they need to address how they're classifying,' Hamilton said. 'In general, I think it's discriminatory to choose to change classification based on ESL participation.'
DeKalb County is 16.4% Hispanic or Latino, according to the 2020 census. According to the National Center for Education Statistics, 82% of the student body identified as Hispanic or Latino in the 2023-24 school year. Peppers said most of the Hispanic students start working in high school instead of participating in sports.
'So once they get old enough, 15, to be able to work, they prefer their kids not to play sports,' he said. 'They want them to get jobs to help pay for the bills.'
Hamilton said that while Hispanic students are working while in school, that is not unique to Hispanic families.
'I mean for sure, there are students that are choosing to take jobs after school so that they can help their families. I think that's not just true of Hispanic families, but of many low income students,' she said.
The Hispanic and Immigrant Center of Alabama (HICA) said in a statement last week it could not comment on the specifics of the bill.
'We can say that Hispanic students, like all other students, enjoy the opportunity to participate in sports programs throughout the states,' Carlos Alemán, CEO of HICA, wrote. 'Our Hispanic students also participate in post-secondary opportunities across the state, and they are one of the fastest-growing populations in our community colleges and universities.'
Peppers said he plans to bring back the varsity football team this year, but the team will consist of seventh to 12th graders. There are currently 40 kids signed up for the varsity football team this fall.
'That's been our downfall of our football program. They're making us play against schools that have kids that are bigger, stronger, faster than us,' he said. 'You know, we play the kids we have that's never played football before.'
Attempts to schedule an interview with the AHSAA were unsuccessful, but the association has been vocal in its opposition to the legislation.
Heath Harmon, executive director of the AHSAA, said in an April statement that he is disappointed by the legislation because it would discourage ELL students from participating in sports in the name of keeping a lower classification.
Colvin challenged the position saying the legislation does not prohibit ELL students from participating in sports, and they would still be counted towards the classification if they did participate.
'It's emotional and maybe there's some resentment towards the immigration population, but I think if we can get this issue fixed, it at least takes away that piece of frustration when it comes to immigration,' Colvin said Monday. 'I think it would actually lead to more assimilation, more maybe even working with these ELL kids to try to get them more involved in sports, because if they play, they count.'
Peppers said the varsity football team was the only team that was paused because of low participation and high injury. He said the school's soccer team often has to make cuts to make room for all the interested kids.
'The only sport that's probably not affected is our soccer program,' Peppers said.
Hamilton said that the Coalition had many members 'whose children are participating in athletic events at their schools.'
'I think that the concern I have is just that this bill seems to be potentially harmful for schools that have a significant English language learner population, limiting their ability to qualify for athletic competition.'
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