Court Grants Temporary Restraining Order Against AHSAA Rule on CHOOSE Act Transfers
Montgomery, Ala. – A Montgomery County Circuit Court judge has granted a temporary restraining order blocking the Alabama High School Athletic Association (AHSAA) from enforcing its rule that restricted athletic eligibility for students transferring schools under the state’s new Creating Hope and Opportunity for Our Students’ Education (CHOOSE) Act.
The court’s order, issued Friday, 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 remain in effect.
The ruling comes after the AHSAA announced that student-athletes transferring schools under the CHOOSE Act would be required to sit out one year before competing. The CHOOSE Act itself specifies that “nothing” in the law “shall change or affect the athletic eligibility of student athletes governed by the Alabama High School Athletic Association or similar association.”
Governor Kay Ivey praised the court’s decision, calling it “a victory for common sense.”
“Every child deserves true choice in their education and that includes their right to participate in school athletics,” Ivey said. “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.”
House Speaker Nathaniel Ledbetter, who joined Ivey in filing for the injunction, said the order allows affected students to immediately resume athletic participation.
“I am incredibly grateful that the court sided with Alabama’s student-athletes and restored their right to compete,” Ledbetter said. “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.”
The temporary restraining order blocks enforcement of the AHSAA rule while the lawsuit filed by Ivey and Ledbetter continues. Both state leaders said they remain committed to ensuring student-athletes are not penalized because of their families’ education choices.
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You can view our previous story on this developing siutation here: