Governor and legislative leader confront AHSAA over athlete eligibility under CHOOSE Act regulation
Governor Kay Ivey and House Speaker Nathaniel Ledbetter have taken legal action against the Alabama High School Athletic Association (AHSAA) over a rule that bars students using funds from the CHOOSE Act, a school choice programme, from participating in interscholastic sports for a year after transferring schools.
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. However, the AHSAA amended its bylaws to classify CHOOSE Act funds as financial aid, enacting a rule that forces transferring athletes who utilize these funds to sit out a year.
In a joint press release, Governor Ivey and Speaker Ledbetter criticised the AHSAA for issuing the rule without consulting policymakers and for undermining the intent of lawmakers. They stated their commitment to ensuring the AHSAA follows the law and puts students first.
The lawsuit 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 programme. It seeks an injunction to block the AHSAA from enforcing the rule and asks the court to declare the AHSAA's bylaws invalid insofar as they impose athletic ineligibility on CHOOSE Act participants.
Governor Ivey, in a statement announcing the lawsuit, stated that the CHOOSE Act was passed to give every child a true choice in their education, and that very much includes participation in athletics. She criticised the association's decision and reiterated her commitment to seeing all Alabama students have a fair chance on the playing field.
Speaker Ledbetter, in addition, suggested that lawmakers may revisit how the AHSAA operates in the next legislative session, but the current situation "demands action today." He stated that the AHSAA's ruling disregards the plain language of the statute, specifically lines 162-165 in Act 2024-21, which clearly state that the CHOOSE Act will not impact the eligibility of student-athletes.
The judge presiding over the case is Judge Thomas A. Parker. The lawsuit states that the Court should declare the AHSAA's rule as violating state law and enter an appropriate injunction to allow the affected CHOOSE Act students to begin playing school sports again without further delay.
The AHSAA Board of Directors met in an emergency session on Thursday but voted against reversing the rule. The lawsuit's outcome could have significant implications for student-athletes in Alabama who choose to utilise the CHOOSE Act funds for their education.
The joint press release states that Alabama's student-athletes, parents, and schools deserve fairness, clarity, and accountability from the organizations that govern school sports. The case is ongoing, and updates will be provided as more information becomes available.
