A Montgomery Circuit Court judge on Friday issued a temporary restraining order blocking the Alabama High School Athletic Association from enforcing a policy that would bar students using state education vouchers from playing on school sports teams during their first year at a new school.
The order, issued by Judge J.R. Gaines, came in a lawsuit filed by Gov. Kay Ivey and Alabama House Speaker Nathaniel Ledbetter challenging the association’s decision. The restraining order prevents the athletic association from implementing the eligibility restriction for the upcoming fall sports season while the legal challenge proceeds.
Ivey said in a statement that the ruling was "a victory for common sense," adding that "every child deserves true choice in their education and that includes their right to participate in school athletics." The governor and the House speaker sought the restraining order after the Alabama High School Athletic Association announced the policy rendering students who receive state-funded vouchers ineligible to compete for one year after transferring to a new school.
More than 20,000 students are participating in Alabama’s new voucher program, known as the CHOOSE Act, which took effect this school year and allows eligible families to use up to $7,000 in state funds to help pay private school tuition. The association’s policy would have affected students who used the vouchers to transfer from their zoned public schools to private schools or other public schools under the program.
The temporary restraining order preserves the status quo for voucher recipients while the court considers the merits of the lawsuit. The Alabama High School Athletic Association oversees interscholastic athletics in the state and sets eligibility rules for student participation. The association did not immediately respond to requests for comment on the court’s action.
The dispute highlights tensions in Alabama over the rapid expansion of the voucher program and how athletic eligibility rules apply to students who change schools under state-funded scholarship programs. Supporters of the CHOOSE Act have argued the program expands educational options for families, while critics have raised concerns about its effects on public schools and potential regulatory conflicts.
The restraining order is temporary; further proceedings in Montgomery Circuit Court will determine whether the athletic association’s policy can be permanently blocked. For now, the court’s action allows students participating in the CHOOSE Act to remain eligible to compete while the litigation continues.