Governor Ivey and Speaker Ledbetter Escalate Legal Battle Against AHSAA Over CHOOSE Act Student-Athlete Eligibility

:MONTGOMERY, AL - September 20, 2025 - Governor Kay Ivey and Alabama House Speaker Nathaniel Ledbetter have intensified their legal challenge against the Alabama High School Athletic Association (AHSAA), filing an amended complaint and a preliminary-injunction motion aimed at permanently blocking enforcement of rules that restrict athletic participation for students transferring under the CHOOSE Act.

The filings, submitted Friday in Montgomery County Circuit Court, come just two weeks after the court granted a temporary restraining order prohibiting the AHSAA from enforcing its one-year ineligibility rule for CHOOSE Act students. That initial order, issued on September 5, was hailed by Ivey and Ledbetter as a victory for school choice and student rights.

Now, the legal fight has expanded to include the AHSAA's so-called "Restitution Rules," which threaten schools and students with retroactive penalties if they participate in athletics under the protection of the court's temporary order-should that order later be reversed or vacated.

AHSAA Policy Under Fire

At the heart of the dispute is the AHSAA's interpretation of the CHOOSE Act, a state law that provides up to $7,000 annually in education funds for qualifying students to attend non-public schools. The AHSAA has treated CHOOSE Act funding as a form of financial aid, akin to scholarships or tuition discounts, and has enforced a rule requiring student-athletes who transfer using such aid to sit out for one year.

Critics argue that this policy violates the plain language of the CHOOSE Act, which explicitly states that "nothing in this chapter shall affect or change the athletic eligibility of student athletes governed by the Alabama High School Athletic Association or similar association."

Governor Ivey reiterated her stance in a statement Friday:

"It was bad enough when the AHSAA decided to sideline CHOOSE Act student-athletes in violation of state law. It is even worse to learn that the AHSAA will penalize schools and students for playing pursuant to the court order Speaker Ledbetter and I obtained just two weeks ago. I remain steadfast in support of the CHOOSE Act and its promise of true school choice, even when it comes to participation in athletics."

Legal and Legislative Momentum

The amended complaint and preliminary-injunction motion seek to ensure that CHOOSE Act students can participate in athletics without fear of future punishment-even if the court's temporary order is later overturned. The filings argue that the AHSAA's restitution policy creates a chilling effect, discouraging schools from allowing eligible students to play despite judicial protection.

Speaker Ledbetter echoed the governor's concerns, stating that "no person or entity's opinion is greater than the rule of law," and that the AHSAA's actions undermine the intent of the legislature and the rights of Alabama families.

The Montgomery County Circuit Court is expected to hold a hearing on the preliminary-injunction motion in the coming weeks. Legal observers note that the outcome could set a precedent for how state-funded school choice programs interact with extracurricular eligibility policies.

Broader Implications

The case has sparked debate across Alabama, with lawmakers, educators, and parents weighing in. Lt. Governor Will Ainsworth and Rep. Danny Garrett, the CHOOSE Act's sponsor, have criticized the AHSAA's stance, calling it "obtuse" and "not in the best interest of children and families."

Meanwhile, the AHSAA maintains that its eligibility rules are designed to promote competitive equity and deter recruitment. In a recent statement, the association said its policies were established by member schools and are consistent with longstanding practices.

As the legal battle unfolds, CHOOSE Act families and student-athletes remain in limbo-granted temporary relief but uncertain about the long-term outcome. For Governor Ivey and Speaker Ledbetter, the fight is about more than sports; it's about affirming the promise of school choice and ensuring that no student is sidelined by bureaucracy.