The disagreement between the Alabama High School Athletic Association (AHSAA) and Governor Kay Ivey and other state leaders has escalated.
Gov. Kay Ivey and Alabama House Speaker Nathaniel Ledbetter filed a lawsuit recently in the Circuit Court of Montgomery County, Alabama, urging the court to issue a Temporary Restraining Order (TRO) against the Alabama Highschool Athletics Association (AHSAA) to prevent the group from enforcing its longstanding rules.
The governor and speaker asked a court to overturn the AHSAA’s recent decision that would have required some student-athletes who transfer to member schools using the newly-enacted CHOOSE Act to sit out of sports for one year.
AHSAA serves as the governing body for high school sports, including public, private, and parochial, in Alabama.
On Friday afternoon, in court documents obtained by the Dale County Chronicle, the Honorable J.R. Gaines, a Democrat elected to the bench in 2014, sided with the two Republican plaintiffs (Ivey and Ledbetter).
Judge Gaines granted Ivey et al. the requested TRO. In his ruling, Gaines cited his belief that “Plaintiffs have demonstrated (1) a likelihood of success on the merits, (2) irreparable harm in the absence of a TRO, (3) that they have no adequate remedy at law, and (4) that the hardships on AHSAA from a TRO will not unreasonably outweigh the benefit to Plaintiff from issuance of the TRO.”
In conclusion, Gaines says the TRO blocks 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, including consideration of CHOOSE ACT funds as financial aid or…assistance under rule VI, Section 7 of the AHSAA 2025-2026 Handbook.”
“Today’s order is a victory for common sense,” Ivey said in a statement. “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.”
Ivey and Ledbetter sued AHSAA Thursday. Specifically at issue are students who transfer from one school to another using the CHOOSE Act. That law went into effect this school year and allows eligible families to tap into state funding to help pay for private school, transfer to a new public school, and even pay for homeschooling expenses.
The AHSAA previously said it has a longstanding rule that any student who transfers to a new school and receives financial aid “is ineligible for athletic participation for one year.” The group responsible for governing Alabama’s high school sports has expressed concerns that without the waiting period, students could essentially become bargaining chips and commodities to be traded and recruited, which, the group says could harm the integrity of high school sports in Alabama.
Ivey’s office says the ruling is negatively affecting thousands of student-athletes.
Ledbetter says the ASHAA issued its ruling without consulting with lawmakers, and added that the CHOOSE Act directly says it will not impact the eligibility of student-athletes.
“I am incredibly grateful that the court sided with Alabama’s student-athletes and restored their right to compete,” Ledbetter added in a statement released by the governor’s office. “The bottom line is that no person or entity’s opinion is greater than the rule of law. Every student deserves to have the opportunity to participate in athletics, and with this action, affected students can get off the sidelines and back into the game while we continue fighting to ensure a level playing field.”
Ledbetter says he expects lawmakers “will take a hard look at how the AHSAA operates in the upcoming session.”
Meanwhile, the AHSAA stands by its rule. It claims the rule is established by its members schools to ensure a fair and level playing field to prevent unfair advantages. Furthermore the AHSAA emphasized that the ban discourages private schools from recruiting CHOOSE Act students to gain athletic talent, a practice that could compromise the integrity of high school sports in Alabama. The group views its policy as an established rule for students who transfer and receive financial aid, a standard applied consistently to various voucher programs
The AHSAA is currently weighing its options and planning on next moves.
