Montgomery, AL — Governor Kay Ivey and House Speaker Nathaniel Ledbetter filed a legal response on Friday opposing the Alabama High School Athletic Association’s (AHSAA) motion to dismiss their lawsuit concerning the CHOOSE Act and athletic eligibility for student-athletes.
The case centers on AHSAA’s rule requiring students who use CHOOSE Act funds to transfer schools to sit out a year before participating in athletics. Governor Ivey and Speaker Ledbetter argue that this policy violates the nondiscrimination intent of the CHOOSE Act, which ensures that participation in the program should not affect a student’s athletic eligibility.
In their filing, the governor’s office stated that the AHSAA’s motion relies on “legal technicalities” to avoid accountability. Governor Ivey emphasized that her goal is to “simply let the kids play” and that she “refuses to stand by while the AHSAA unfairly and unlawfully discriminates against CHOOSE Act student-athletes.”
The response further argues that the state has the authority to pursue the case under Alabama law, asserting that preventing the governor from doing so would undermine her constitutional duty to enforce the law. Speaker Ledbetter also maintains that the AHSAA’s refusal to follow state law represents an “institutional injury” to the legislative branch.
The AHSAA contends that both the governor and the speaker lack standing to bring the lawsuit and that the dispute does not present a justiciable issue. The court will now determine whether the case will proceed.
A temporary restraining order remains in place, preventing enforcement of the AHSAA’s transfer rule while the lawsuit moves forward. The outcome of the case could have a lasting impact on how athletic eligibility is handled for students participating in school choice programs across Alabama.
