Governor Ivey, Speaker Ledbetter File Lawsuit Against AHSAA Over CHOOSE Act Ruling
MONTGOMERY – Governor Kay Ivey and House Speaker Nathaniel Ledbetter (R-Rainsville) have filed a lawsuit seeking an injunction against the Alabama High School Athletic Association (AHSAA) following its decision to restrict athletic eligibility for students participating in the state’s new school choice program.
At the center of the dispute is the Creating Hope and Opportunity for Our Students’ Education Act, known as the CHOOSE Act. The law, passed earlier this year, provides families with education savings accounts that can be used for tuition and other education-related expenses.
Last month, the AHSAA issued a ruling requiring student-athletes who transfer schools under the CHOOSE Act to sit out of athletic competition for one year. State leaders argue that the decision directly conflicts with the law.
After extensive discussions with elected officials, the AHSAA Board of Directors held an emergency meeting Thursday, September 4, to reconsider the ruling. Despite those talks, the board voted to uphold its rule, maintaining the yearlong suspension for affected student-athletes.
Governor Ivey strongly criticized the decision, calling it unfair and unlawful.
“We wrote and passed the CHOOSE Act to give every child a true choice in their education, and that very much includes participation in athletics,” Ivey said. “I remain in strong opposition to the Alabama High School Athletic Association’s decision to sideline CHOOSE Act participants from competing in school sports and am committed to seeing all Alabama students have a fair chance on the playing field.”
Speaker Ledbetter echoed that sentiment, accusing AHSAA leaders of ignoring the law and acting without transparency.
“The AHSAA issued this ruling without consulting a single policymaker or even attempting to gain clarity on the intended interpretation of lines 162–165 in Act 2024-21, which clearly state the CHOOSE Act will not impact the eligibility of student-athletes,” Ledbetter said. “For the AHSAA’s leadership to take such drastic action just as football season begins tells me they are not concerned with the best interests of all student-athletes.”
Ledbetter added that lawmakers are likely to revisit AHSAA’s authority and operations during the next legislative session but said immediate court action is necessary.
The lawsuit, filed jointly by Ivey and Ledbetter, seeks to overturn the AHSAA’s decision and restore athletic eligibility for students making use of the CHOOSE Act. A copy of the legal filing is available on the governor’s website: Stamped-Copy-Complaint.pdf
.
Lt. Governor Comments on Social Media
Lt. Governor Will Ainsworth also weighed in on the controversy via social media:
“The same Alabama High School Athletic Association responsible for making sure teams do not break the rules is BREAKING THE LAW by denying eligibility to CHOOSE Act students. I’ll offer legislation to strip AHSAA of its power and give it to an entity that will follow the law.”
AHSAA Responds
The AHSAA issued a statement defending its eligibility rules:
“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.
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 [1] https://www.youtube.com/watch?v=_V-YrJfKjgQ (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.
The AHSAA stated it will have no additional comment at this time.
https://weisradio.com/2025/01/29/ahsaa-announces-future-super-7-host-sites/
https://weisradio.com/2024/10/31/coosa-christian-football-program-placed-on-restrictive-probation/
