Committee advances substitute to keep nonparticipating ELL students from inflating athletic classifications

Representative Coffey returned HB 298 to the Education Policy Committee after a public hearing and presented a substitute intended to protect schools whose athletic classification can spike because of sudden increases in English learner (EL) student counts.

Under the substitute, when a public school's enrollment in grades 9–11 includes at least 15% EL students the Department of Education would remove from the classification count those EL students who are not participating in athletics; if EL students do participate, they are counted. The revised number would be sent to the athletic association for classification into AHSAA class 1A–7A. Representative Coffey said the change "does not prevent any student from participating in athletics, and we're not hiding anybody." He described the change as providing protection from automatic jumps in classification following large waves of migrants.

Committee members raised implementation questions. Representative Baker cautioned about legislative intrusion into non‑governmental athletic associations but accepted the sponsor's argument that public, taxpayer-funded schools' participation creates a state interest. Members asked whether classification could be done sport-by-sport; the sponsor said private schools have sport-by-sport classification precedent but public schools currently do not and that she was willing to work on language to make sport-by-sport classification feasible.

Members also cited local examples, including Albertville High School, where shifting EL counts have led to classification concerns. The committee adopted the substitute and then voted to give HB 298 a favorable report.