Governor Ivey and Speaker Ledbetter Secure Temporary Restraining Order Blocking AHSAA’s Rule on CHOOSE Act Student Transfers

MONTGOMERY - Governor Kay Ivey and House Speaker Nathaniel Ledbetter announced Friday that a Montgomery County Circuit Court judge has granted their motion for a temporary restraining order against the Alabama High School Athletic Association (AHSAA) rule on Creating Hope and Opportunity for Our Students' Education Act (CHOOSE Act) student transfers.

The temporary restraining order specifically prohibits the AHSAA from "enforcing any rule or policy which makes the acceptance of CHOOSE Act funds the sole determinative factor of eligibility for participation in interscholastic athletic events." According to today's court order, all other rules and policies of the AHSAA "remain in full force and effect."

This action comes after the AHSAA issued a ruling requiring student-athletes who transfer to sit out for one year before competing in athletics solely because the student participates in the state's new CHOOSE Act. According to the specific wording of the CHOOSE Act, "nothing" in it "shall change or affect the athletic eligibility of student athletes governed by the Alabama High School Athletic association or similar association."

"Today's order is a victory for common sense," said Governor Ivey. "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. I will continue standing up for our parents and students to ensure the law is followed and that every child in Alabama has a fair chance to succeed in the classroom and in athletics."

After the AHSAA refused to reverse course, Governor Ivey and House Speaker Ledbetter requested an injunction yesterday and were granted a temporary restraining order after a hearing held today in Montgomery County Circuit Court. 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," said Speaker Ledbetter. "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."

This order is a significant victory for student-athletes, parents and the rule of law. Governor Ivey and Speaker Ledbetter remain committed to ensuring that students' opportunities to compete in athletics are not unfairly impacted by their parents' decision to make educational choices that give them the best chance to succeed.

Court order attached.

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