By: Jeff Devine
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 last week in the Circuit Court of Montgomery County, Alabama, urging the court to issue a Temporary Restraining Order against the AHSAA to prevent the group from enforcing its rules.
The governor and speaker asked a court to overturn the AHSAA’s recent ruling that would have required some student-athletes who transfer to member schools using the recently-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, Gov. Ivey and Speaker Ledbetter.
Judge Gaines granted Ivey and Ledbetter the requested temporary restraining order (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 public school, and even homeschooling expenses.
The AHSAA issued a response, saying in a press release, “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.”
The Chronicle reached out to the AHSAA for comment on the court ruling and TRO, but the group stated it would not make further comments at this time, choosing to let their press releases speak for themselves.
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.”
Last week, many Alabama lawmakers weighed in on the AHSAA’s decision to enforce its bylaws and handbook. State Sen. Lance Bell, R-Pell City, said he has had discussions with his republican colleagues and they are considering dismantling the AHSAA completely and submitting legislation to form a new group more favorable to them. Bell said, “That’s just a kick in the teeth. That’s why we specifically put in the CHOOSE Act that these kids are entitled to do anything and everything at the school they left.”
There will likely be appeals. The Dale County Chronicle will keep you informed as new details emerge.
