ACTION 8 UPDATE: Gov. Kay Ivey, House Speaker granted temporary restraining order against AHSAA
ACTION 8 UPDATE: Gov. Kay Ivey and House Speaker Nathaniel Ledbetter have been granted a temporary restraining order against the AHSAA in a dispute over some students’ athletic eligibility.
The motion was filed in Montgomery County Circuit Court and can be read at the bottom of this story. It was granted this afternoon.
As Action 8 News has reported, Ivey and Ledbetter have filed a lawsuit seeking an injunction against the Alabama High School Athletic Association (AHSAA) because it says students who switch schools under the state’s new CHOOSE Act must sit out for one year before competing in school athletics.
The state’s new Creating Hope and Opportunity for Our Students’ Education Act (CHOOSE Act) allows students in underperforming schools to transfer to a better school. Eligible families can receive as much as $7,000 to help pay for private school and $2,000 for homeschooling expenses if they choose to move their children out of a public school altogether.
Ivey and Ledbetter say the AHSAA rule that requires students to sit out for a year violates state law and affects thousands of student-athletes who it won’t allow to play school sports.
According to the Governor’s office, the temporary restraining stops 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.” It says all other rules and policies of the AHSAA “remain in full force and effect.”
The order blocks the AHSAA’s CHOOSE Act rule from being enforced while the Governor and Speaker’s lawsuit proceeds in court.
The AHSAA has released a statement regarding the temporary restraining order, saying:
“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 says it is committed to fairness, consistency and member-driven governance.
The AHSAA says last year, it recognized the CHOOSE Act as a form of financial aid. It says under longstanding bylaws, any student who transfers to a member school and receives such aid is ineligible for athletic participation for one year.
It says the policy, established by its member schools, promotes competitive equity and deters recruitment.
