Story By Heath Hambrick
Friday update:
Montgomery County Circuit Court judge has granted their motion for a temporary restraining order against the Alabama High School Athletic Association (AHSAA) rule on Creating Hope and Opportunity for Our Students’ Education Act (CHOOSE Act) student transfers.
The temporary restraining order specifically prohibits the AHSAA from “enforcing any rule or policy which makes the acceptance of CHOOSE Act funds the sole determinative factor of eligibility for participation in interscholastic athletic events.” According to today’s court order, all other rules and policies of the AHSAA “remain in full force and effect.”
“Today’s order is a victory for common sense,” said Ivey. “Every child deserves true choice in their education and that includes their right to participate in school athletics. The court’s decision restores fairness to the process which is, of course, the very basis of the CHOOSE Act. I will continue standing up for our parents and students to ensure the law is followed and that every child in Alabama has a fair chance to succeed in the classroom and in athletics.”
This will allow any student who uses the CHOOSE Act eligible immediately.
Statement from the AHSAA on the temporary restraining order: “We are disappointed the Circuit Court has granted a temporary restraining order that prohibits the AHSAA from enforcing its rule regarding financial aid specifically related to the CHOOSE Act. This temporary restraining order does not prohibit the AHSAA from enforcing all other eligibility rules including but not limited to the bona fide move rule and the overlapping school zone rule. All other AHSAA rules apply. The Court will set a hearing in approximately two weeks for a full evidentiary hearing on this issue.“
Gov. Kay Ivey and House Speaker Nathaniel Ledbetter filed a lawsuit Thursday against the Alabama High School Athletic Association, challenging its bylaws that restrict athletic eligibility for students using funds from the state’s new school-choice program.
This action follows a ruling by the AHSAA that requires student-athletes who transfer to sit out for one year before they can compete in athletics. This requirement specifically applies to students who transfer due to the new Creating Hope and Opportunity for Our Students’ Education Act in the state.
The AHSAA Central Board of Control held an emergency meeting on Thursday to consider reversing its ruling and restoring the eligibility of thousands of student-athletes utilizing the CHOOSE Act. After a meeting with elected officials, the AHSAA voted not to change its bylaws.
The lawsuit was filed to prohibit the AHSAA from denying eligibility to student athletes based solely on their participation under the CHOOSE Act, Alabama’s new, universal school-choice law.
The governor and the legislature specifically mandated that “nothing” in that act shall affect or change athletic eligibility of student athletes governed by the AHSAA.
But the AHSAA’s rules specifically and unlawfully sideline CHOOSE Act students from AHSAA-sanctioned interscholastic events for an entire year solely because they receive CHOOSE Act funds.
Ivey and Ledbetter say that the AHSAA rules are “unlawful.”
“We wrote and passed the CHOOSE Act to give every child a true choice in their education, and that very much includes participation in athletics,” Ivey said. “I remain in strong opposition to the Alabama High School Athletic Association’s decision to sideline CHOOSE Act participants from competing in school sports and am committed to seeing all Alabama students have a fair chance on the playing field. Speaker Ledbetter and I have jointly filed a lawsuit to reverse this wrong.”
Rainsville native and current Alabama Speaker of the House Nathaniel Ledbetter had this to say on the lawsuit.
“The AHSAA issued this ruling without consulting a single policymaker or even attempting to gain clarity on the intended interpretation of lines 162–165 in Act 2024-21, which clearly state the CHOOSE Act will not impact the eligibility of student-athletes,” Ledbetter said. “For the AHSAA’s leadership to take such drastic action just as football season begins tells me they are not concerned with the best interests of all student-athletes.”
The CHOOSE Act is a program in Alabama that provides refundable income tax credits for families to use as education savings accounts (ESAs) to pay for K-12 educational expenses. The program allows eligible families to receive up to $7,000 annually for students attending a participating school or up to $2,000 for students in a home education program. Funds can be used for tuition, fees, textbooks, tutoring, and other qualified expenses at approved providers.
The AHSAA released this statement: The Alabama High School Athletic Association reaffirms its unwavering commitment to fairness, consistency, and member-driven governance in light of recent legislative developments.
Effective July 2024, the CHOOSE Act — like the Accountability Act before it — was formally recognized in the AHSAA Handbook as a form of financial aid. Under longstanding bylaws, any student who transfers to a member school and receives such aid is ineligible for athletic participation for one year. This policy, established by our member schools, promotes competitive equity and deters recruitment.
Early drafts of the CHOOSE Act explicitly protected AHSAA’s eligibility rules. However, the final version omits the word “rules”, introducing ambiguity. Following legislative review and confirmation that both Acts function identically, our interpretation remains unchanged and legally sound.
Both are considered financial aid. Under AHSAA rules, students receiving such aid are ineligible for athletic participation in their first year following a transfer.
The AHSAA Central Board confirmed this interpretation today. This rule does not apply to first-time seventh-grade students or those who have been continuously enrolled for more than one year.
