ALABAMA (WHNT) — The Montgomery Circuit Court has granted Alabama Governor Kay Ivey and House Speaker Nathaniel Ledbetter’s request for a temporary restraining order against a new AHSAA ruling.
On Friday, Ivey and Ledbetter filed to ask a judge to temporarily restrain the Alabama High School Athletic Association and Heath Harmon from “unlawfully denying eligibility for participation in AHSAA-sanctioned interscholastic athletic events based solely on a student athlete’s status as a CHOOSE Act participating student.”
The court granted that motion on Friday afternoon, saying that after a hearing on the matter, the plaintiffs demonstrated their likelihood of success on the merits and the need for the temporary restraining order.
A $7,000 tax credit in the CHOOSE Act allows students to change schools and cover their expenses. State Sen. Chris Elliot, R-Josephine, said those state dollars enable students to get a better education. As it’s written in the law, Elliott explained the CHOOSE Act has no bearing on a student-athlete’s eligibility.
That eligibility allows athletes to flourish on and off the field, according to state Rep. Jeremy Gray, D-Opelika. While he disagrees with the CHOOSE Act overall, he said the AHSAA needs more oversight.
The CHOOSE Act, according to the motion, states that it recognizes the importance of student athletic events and that the Act contains a mandatory antidiscrimination provision to protect students’ eligibility for AHSAA-sanctioned athletic events.
“‘Nothing in [the CHOOSE Act] shall affect or change the athletic eligibility of student athletes governed by [AHSAA] or similar association,’” the motion says.
AHSAA rules, however, “contradict this state-law requirement and threaten to rob CHOOSE Act participating students of their lawful ability to participate in sports as a part of the full educational experience.”
“Additionally, other provisions of the AHSAA Bylaws similarly indicate that the AHSAAwill disqualify CHOOSE Act participating students from AHSAA-sanctioned interscholasticathletic events based solely on their status as CHOOSE Act participating students,” the motion states.
The governor said the court’s order is a victory.
“Today’s order is a victory for common sense,” 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 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.”
Before the ruling on the temporary restraining order, other leaders said the rule is against the law, but the AHSAA said otherwise.
“The Alabama High School Athletic Association (AHSAA) 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 today confirmed this interpretation.This rule:
• Does not affect first-time 7th grade enrollees
• Does not apply to students continuously enrolled for more than one year
The statehouse video (2:50:29 mark) shows that when the amendment was passed, the discussion confirmed that the legislation would not affect the eligibility rules of the AHSAA. We welcome thoughtful dialogue through appropriate channels and remain committed to preserving the integrity of high school athletics in Alabama. Our responsibility is to enforce the rules as adopted by our member schools through a transparent, democratic process.”
AHSAA
You can read the full motion filed below.
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