Under existing law, the CHOOSE Act establishes a refundable educational savings account for the parents of participating students. Also under existing law, the CHOOSE Act contains an athletic-eligibility nondiscrimination provision, stating that nothing in the CHOOSE Act shall affect or change the athletic eligibility of student athletes governed by an interscholastic athletic association. This bill would establish enforcement mechanisms for the CHOOSE Act's athletic-eligibility nondiscrimination provision. This bill would provide a private right of action for a CHOOSE Act participant to pursue injunctive relief or damages for an action taken by an interscholastic athletic association that is based solely on his or her status as a CHOOSE Act participating student. This bill would permit courts to award reasonable attorney fees to a prevailing CHOOSE Act participant. This bill would also provide for legislative findings.

Statutes affected:
Introduced: 16-6J-10