Ivey and Ledbetter File Lawsuit to Block AHSAA’s Ruling on CHOOSE Act Transfers
“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”—Gov. Kay Ivey
Alabama Governor Kay Ivey and House Speaker Nathaniel Ledbetter (R-Rainsville) have taken legal action to halt a controversial decision by the Alabama High School Athletic Association (AHSAA). The pair have filed suit seeking an injunction against the AHSAA’s rule that bars student-athletes transferring under the Creating Hope and Opportunity for Our Students’ Education (CHOOSE) Act from participating in sports for a full year (governor.alabama.gov, WAKA 8).
The CHOOSE Act, enacted in 2024, allows students in underperforming schools to transfer to better schools using state-backed education savings accounts (ESAs). Families may receive up to $7,000 for private school tuition or $2,000 for home-schooling costs.
This dispute boiled over during a Thursday, September 4, emergency meeting. Despite pressure and evidence that the rule contradicts state law, the AHSAA Board chose not to reverse its decision, keeping thousands of students ineligible.
Following the Thursday meeting, the AHSAA Central Board issued a statement:
“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.”
In her statement about the filing, Governor Ivey said, “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. 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 and I have jointly filed a lawsuit to reverse this wrong.”
Speaker Ledbetter criticized the AHSAA’s lack of consultation, stating: “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.” He added, “My hope is the court will side with our student-athletes and not allow this organization to wrongfully take away their opportunity to compete.”
The AHSAA defended its stance, saying it classifies CHOOSE Act funds as “financial aid,” which triggers a longstanding rule requiring a one-year sit-out period for transferring athletes. The Association says this approach preserves fairness and integrity in competition.
Their statement notes that similar rules applied to the earlier Accountability Act, and that omitting the word “rules” in the final CHOOSE Act draft created ambiguity. They maintain their interpretation remains sound and that the board confirmed it on September 4. The AHSAA clarified, however, that the rule does not apply to first-time seventh-graders or students continuously enrolled for more than one year.
Rep. Danny Garrett (R-Trussville), the CHOOSE Act’s sponsor, questioned the AHSAA’s classification of ESAs. “CHOOSE Act money is a parent redirecting their tax dollars to follow their child wherever they go,” he said. “That’s not financial aid.” Garrett and others argue the AHSAA’s move undermines legislative intent.
State Sen. Chris Elliott (R-Josephine) called the AHSAA’s stance “obtuse” and argued the board is defying lawmakers and the Governor.
Lt. Gov. Will Ainsworth announced plans to introduce legislation to reform or remove the AHSAA’s authority, posting: “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.”
With football season underway and a legal battle underway, both sides are pressing for an outcome—lawmakers seek clarity and student access; the AHSAA defends its bylaws. The courts will soon decide whether the CHOOSE Act truly allows student-athletes to compete immediately, or if the sit-out rule must stand.
The full text of the filing may be read HERE.
