Governor Kay Ivey and other state leaders have formally filed their opposition to a request by the AHSAA to dismiss a lawsuit from the state alleging discrimination against CHOOSE Act students.
The state sued the athletic association over a rule that would require students receiving state funds through the CHOOSE Act to sit out for a year if they transfer to a member school.
The AHSAA filed a motion to dismiss the lawsuit on October 2, claiming that Ivey and House Speaker Nathaniel Ledbetter lack standing to challenge the rule.
The state argues in its pleading that Ivey has general standing as governor to initiate lawsuits whenever the state has an interest.
The state sued the AHSAA in September over the rule, successfully obtaining a temporary restraining order from Montgomery Circuit Judge J.R. Gaines suspending enforcement of the rule while the case proceeds.
The state later called for a preliminary injunction protecting schools who let players who would otherwise be ineligible under the rule continue to play. No decision has come on that request.
There will be a hearing on these motions on November 21 in Montgomery County Circuit Court. Early dismissals are rare; the plaintiff only needs to show standing and that there is a genuine issue to be resolved at trial.
The CHOOSE Act, which took effect this school year, provides up to $7,000 per student to enroll in private schools. About 12,500 students are currently participating.
AHSAA leaders say considering that boost as financial aid ensures that CHOOSE Act funds don’t become a form of recruiting that could tip the competitive scales within the association.
Some lawmakers have voiced frustration with the AHSAA fighting state leaders on the rule. Lieutenant Governor Will Ainsworth has promised a bill to “strip AHSAA of its power.”
The AHSAA will have the last word in this round of filing and can reply up to Nov. 14 ahead of the hearing date.
