Governor Kay Ivey and House Speaker Nathaniel Ledbetter, R-Rainsville, have filed suit against the Alabama High School Athletic Association, seeking an injunction to block the organization from enforcing a rule that bars students who use CHOOSE Act funds from competing in interscholastic sports for a year after transferring schools.
The lawsuit, filed Thursday in Montgomery County Circuit Court, argues that the AHSAA’s financial-aid rule violates state law and unlawfully sidelines students due to their participation in Alabama’s new school choice program.
In their complaint, Ivey and Ledbetter contend that the Legislature made clear when passing the CHOOSE Act in 2024 that “nothing in [the CHOOSE Act] shall affect or change the athletic eligibility of student athletes governed by the Alabama High School Athletic Association or similar association.”
The suit states: “The Court should declare as much and enter an appropriate injunction to enforce state law and allow the affected CHOOSE Act students to begin playing school sports again without further delay.”
The CHOOSE Act, signed into law in March 2024, established Education Savings Accounts that allow parents to use refundable income tax credits to cover tuition and other educational expenses. While the law explicitly protects athletic eligibility, the AHSAA amended its bylaws to classify CHOOSE Act funds as financial aid, enacting a rule that forces transferring athletes who utilize these funds must sit out a year.
This action is commonplace with other students who receive financial aid or assistance. According to the filing, AHSAA Executive Director Heath Harmon issued guidance confirming the rule would apply to CHOOSE Act participants, effectively making many students ineligible to compete this fall.
Governor Ivey criticized the association’s decision in a statement announcing the lawsuit.
“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,” said Ivey. “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.”
The AHSAA Board of Directors met in an emergency session Thursday to consider reversing the rule but voted against doing so.
Speaker Ledbetter said the move disregarded the plain language of the statute and undermined the intent of lawmakers.
“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,” said Ledbetter. “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 may revisit how the AHSAA operates in the next legislative session but said the current situation “demands action today.”
The lawsuit asks the court to declare the AHSAA’s bylaws invalid insofar as they impose athletic ineligibility on CHOOSE Act participants and to issue an injunction preventing enforcement of the rule.
“Alabama’s student-athletes, parents, and schools deserve fairness, clarity, and accountability from the organizations that govern school sports,” the joint press release stated. “Governor Ivey and Speaker Ledbetter are committed to ensuring the AHSAA follows the law and puts students first.”
