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Judge Halts AHSAA Ban on CHOOSE Act Transfers Playing This Season

The order lets CHOOSE Act transfers compete pending a lawsuit over AHSAA's interpretation.

Overview

  • Montgomery County Judge J. R. Gaines issued a temporary restraining order Friday barring the AHSAA from using acceptance of CHOOSE Act funds as the sole reason to declare a transfer ineligible.
  • The ruling takes effect immediately and leaves all other AHSAA eligibility provisions in place, allowing affected students to play for now.
  • Gov. Kay Ivey and House Speaker Nathaniel Ledbetter filed the lawsuit after the AHSAA reaffirmed this week that education savings accounts constitute financial aid under a rule it says preserves competitive equity.
  • Gaines said student-athletes would suffer irreparable harm by losing games they cannot make up, outweighing any harm to the AHSAA.
  • The CHOOSE Act offers up to $7,000 for private-school tuition or public transfers and $2,000 for homeschooling, with 23,429 students participating statewide this school year.