Montgomery County Circuit Court blocks athletic association’s rule affecting CHOOSE Act participants
MONTGOMERY, AL — A Montgomery County Circuit Court judge granted a temporary restraining order Friday blocking the Alabama High School Athletic Association (AHSAA) from enforcing a rule that would have made students using the state’s new school choice program ineligible for athletics.
Governor Kay Ivey and House Speaker Nathaniel Ledbetter filed the motion Thursday after the AHSAA ruled that students participating in Alabama’s Creating Hope and Opportunity for Our Students’ Education Act (CHOOSE Act) must sit out athletics for one year if they transfer schools.
The court 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.” All other AHSAA rules and policies remain in effect.
Background of the Dispute
The controversy stems from the AHSAA’s interpretation of its financial aid rules. Under Rule VI, Section 7 of the association’s bylaws, transfer students who receive “financial aid” or “financial assistance” must sit out for a full year. The AHSAA classified CHOOSE Act funds as financial assistance, triggering this ineligibility period.
State officials argued this interpretation violates the CHOOSE Act’s specific language protecting student athletic eligibility. The law states: “Nothing in this chapter shall affect or change the athletic eligibility of student athletes governed by the Alabama High School Athletic Association or similar association.”
The CHOOSE Act, passed in 2024, provides refundable income tax credits through Education Savings Accounts for qualifying educational expenses, including tuition and fees at participating schools.
Legal Arguments and Court Decision
In their motion, Ivey and Ledbetter’s legal team argued the AHSAA’s rule directly contradicts state law. They pointed to differences between the CHOOSE Act and Alabama’s earlier Accountability Act, noting that while the Accountability Act preserved AHSAA’s “eligibility rules,” the CHOOSE Act specifically protects student “eligibility” itself.
The plaintiffs demonstrated the four required elements for a temporary restraining order: likelihood of success on the merits, irreparable harm without the injunction, no adequate remedy at law, and that hardships to the AHSAA wouldn’t unreasonably outweigh benefits to the plaintiffs.
According to court documents, the AHSAA held an emergency board meeting Thursday to reconsider its position but voted against changing the rule despite arguments from state officials.
Official Statements
“Today’s order is a victory for common sense,” Governor Ivey said. “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.”
Speaker Ledbetter added: “I am incredibly grateful that the court sided with Alabama’s student-athletes and restored their right to compete. The bottom line is that no person or entity’s opinion is greater than the rule of law.”
Implications and Next Steps
The temporary restraining order allows affected students to participate in athletics while the lawsuit proceeds through the courts. The timing proved critical as the ruling came at the start of fall sports seasons, potentially affecting thousands of student-athletes.
The case highlights ongoing tensions between state education policy and athletic governance as Alabama expands school choice options. Legislative leaders indicated they may examine AHSAA operations in the upcoming session.
