A Montgomery County judge on Friday issued a temporary restraining order against the Alabama High School Athletic Association transfer rule that forces students taking part in the new school choice program to spend a year on the bench.
Gov. Kay Ivey and House Speaker Nathaniel Ledbetter announced the ruling by Montgomery County Circuit Judge J.R. Gaines.
“Today’s order is a victory for common sense,” Ivey said.
“Every child deserves true choice in their education and that includes their right to participate in school athletics. The court’s decision restores fairness to the process which is, of course, the very basis of the CHOOSE Act.”
The AHSAA responded with a statement late Friday afternoon:
“We are disappointed the Circuit Court has granted a temporary restraining order that prohibits the AHSAA from enforcing its rule regarding financial aid specifically related to the CHOOSE Act. This temporary restraining order does not prohibit the AHSAA from enforcing all other eligibility rules including but not limited to the bona fide move rule and the overlapping school zone rule. All other AHSAA rules apply. The Court will set a hearing in approximately two weeks for a full evidentiary hearing on this issue.”
The AHSAA said in an email that would be the only comment at this time.
On Thursday, the AHSAA said it would enforce the transfer rule, which has been in bylaws for years.
“This policy, established by our member schools, promotes competitive equity and deters recruitment,” the organization said in a statement.
Ivey and Ledbetter filed suit in response requesting an injunction Thursday and were granted a temporary restraining order.
The order blocks the AHSAA’s CHOOSE Act rule while the governor and speaker’s lawsuit proceeds in court.
“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 CHOOSE Act provides Alabama families with up to $7,000 to spend on private education.
About 23,000 students signed up to use the program this year, AL.com found.
It’s not clear which schools they attend or how many students also want to compete in sports.
What are AHSAA transfer rules?
Under the organization’s current rules, students who transfer and receive financial aid must sit out from sports for one year. AHSAA considers the CHOOSE vouchers to be “financial aid.”
The CHOOSE Act itself, passed in 2024, states that “Nothing in this act shall affect or change the athletic eligibility of student athletes governed by the Alabama High School Athletic Association or similar association.”
The AHSAA issued a statement on Sept. 4 that the CHOOSE Act did not changes its eligibility rules.
“Early drafts of the CHOOSE Act explicitly protected AHSAA’s eligibility rules. However, the final version omits the word ‘rules,’ introducing ambiguity,” the AHSAA statement said.
“Following legislative review and confirmation that both Acts function identically, our interpretation remains unchanged and legally sound.”
Rep. Danny Garrett, R-Trussville, chairman of the House education budget committee, applauded the ruling.
“We’re pleased with the outcome of the hearing today,” Garrett said. “We think its the right thing for students, and it follows what the legislative intent always was.”
This is a developing story and will be updated.
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