The people's voice of reason
The people's voice of reason
In a high-stakes legal and political showdown, Governor Kay Ivey and House Speaker Nathaniel Ledbetter have filed a forceful response opposing the Alabama High School Athletic Association's (AHSAA) motion to dismiss a lawsuit over student-athlete eligibility under the CHOOSE Act. The filing, submitted on October 31, 2025, escalates a months-long dispute that could reshape the relationship between state law and private athletic governance in Alabama.
Background: The CHOOSE Act and AHSAA's Transfer Rule
The conflict centers on the Creating Hope and Opportunity for Our Students' Education Act (CHOOSE Act), signed into law by Governor Ivey in March 2024. The CHOOSE Act expands school choice by allowing families to use state funds to enroll in private or alternative educational institutions. While the law explicitly states that it should not affect athletic eligibility, the AHSAA has interpreted the use of CHOOSE Act funds as a form of financial aid that triggers its transfer rule.
Under AHSAA Rule VI, Section 7, student-athletes who transfer schools and receive financial assistance must sit out for one year before competing. This policy, according to AHSAA, is designed to prevent recruitment abuses and maintain competitive equity. However, Governor Ivey and Speaker Ledbetter argue that applying this rule to CHOOSE Act participants violates the law's nondiscrimination provisions and unfairly penalizes students exercising their right to school choice.
The Latest Filing: Asserting State Authority
In their October 31 filing, Ivey's legal team pushed back against AHSAA's motion to dismiss, which claimed that the governor and speaker lacked standing and that the dispute was political rather than legal. The response argues that the state has a direct and constitutional interest in enforcing the CHOOSE Act, citing Alabama Code §36-13-2, which empowers the governor to "institute and conduct" cases where the state has an interest.
"The State is self-evidently interested in enforcing the CHOOSE Act's nondiscrimination provision," the filing states. It further argues that denying student-athletes eligibility "directly injures the State" and undermines the governor's constitutional duty to "faithfully execute the laws." The filing also warns that rejecting Ivey's standing would "undermine the goal of standing doctrine" and prevent the executive branch from fulfilling its responsibilities.
Speaker Ledbetter's accompanying brief echoes these concerns, asserting that AHSAA's refusal to comply with the CHOOSE Act causes institutional injury to the Legislature, which passed the law with the intent of protecting student-athletes from eligibility restrictions.
Political and Legal Implications
Governor Ivey has framed the issue in starkly moral terms, stating that her goal is "to simply let the kids play." She argues that AHSAA's interpretation of its rules is not only legally flawed but also harmful to thousands of Alabama families who rely on the CHOOSE Act to access better educational opportunities. The governor's office has emphasized that the lawsuit is not about undermining AHSAA's autonomy, but about ensuring compliance with state law.
AHSAA, meanwhile, maintains that its policies are consistent with its mission to uphold fairness and prevent exploitation in high school sports. In its motion to dismiss, the association argued that the CHOOSE Act's language does not override its bylaws and that the dispute is better resolved through legislative or administrative channels.
If the court sides with Ivey and Ledbetter, the ruling could set a precedent for how far state law can reach into the operations of private associations like AHSAA. It may also prompt broader scrutiny of AHSAA's governance, especially as lawmakers prepare for the 2026 legislative session.
Community Reaction and Stakeholder Impact
The legal battle has drawn intense interest from parents, coaches, and school administrators across Alabama. Many families affected by the CHOOSE Act have expressed frustration that their children are being sidelined during critical athletic seasons. For rural and underserved communities, where school choice may offer the only viable path to academic and athletic advancement, the eligibility restrictions feel especially punitive.
Speaker Ledbetter has signaled that the Legislature may revisit AHSAA's structure and oversight in the upcoming session. "While I fully expect members of the House and Senate will take a hard look at how the AHSAA operates, this situation demands action today," he said. "My hope is the court will side with our student-athletes and not allow this organization to wrongfully take away their opportunity to compete".
What Comes Next
The court has not yet ruled on AHSAA's motion to dismiss. If the case proceeds, it could lead to a judicial determination of whether AHSAA's rules conflict with the CHOOSE Act and whether the governor has the authority to enforce compliance. Legal experts note that the case could also influence future legislation governing private associations and school choice programs.
In the meantime, Governor Ivey and Speaker Ledbetter remain adamant that the CHOOSE Act must be upheld in full-including its protections for student-athletes. Their filings reflect a broader political commitment to expanding educational access and ensuring that no child is penalized for choosing a different path.
As football season continues and basketball season looms, the stakes are high-not just for the students on the sidelines, but for the future of school choice and athletic governance in Alabama.
Sources
ABC 33/40
The Governor's press release
The Montgomery Advertiser
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