By SPEAKIN’ OUT NEWS
Published September 5, 2025
MONTGOMERY, Ala. — A Montgomery judge has temporarily blocked a policy that would have sidelined thousands of Alabama students in the state’s new voucher program from playing school sports this year.
On Friday, Montgomery Circuit Judge J.R. Gaines issued a temporary restraining order preventing the Alabama High School Athletic Association (AHSAA) from enforcing its rule declaring voucher students ineligible to play sports for one year after transferring to a new school.
The decision came after a lawsuit filed by Gov. Kay Ivey and House Speaker Nathaniel Ledbetter, who argued that the restriction unfairly punished families exercising school choice under the state’s new CHOOSE Act.
“Today’s order is a victory for common sense,” Ivey said in a statement. “Every child deserves true choice in their education and that includes their right to participate in school athletics.”
The CHOOSE Act, which took effect this school year, provides up to $7,000 in state funds for eligible families to cover private school tuition or transfer costs to a public school. Families who homeschool can receive up to $2,000 for educational expenses.
So far, 23,429 students are participating in the program, according to the Alabama Department of Revenue. More than half — 14,587 students — are enrolled in private schools, about 7,000 are homeschooled, and 1,442 are attending public schools through the program.
Association Pushback
The AHSAA has argued that the voucher funds qualify as financial aid, triggering its long-standing rule that any transfer student who receives aid must sit out of athletics for one year.
“This policy, established by our member schools, promotes competitive equity and deters recruitment,” the organization wrote in a statement Thursday.
The association did not immediately respond to Friday’s ruling.
Broader Debate
Alabama joins a growing list of states offering voucher-style programs, tax credits, and scholarships to help families cover education costs outside traditional public schools. But the ruling highlights the tension between school choice policies and existing athletic eligibility rules — an issue that could shape participation for thousands of students in coming years.