Montgomery, Alabama - The Alabama Supreme Court on Wednesday again upheld the state school board's ban on legislators working in the two-year college system, a practice known as double dipping.

In May the high court reversed Montgomery County Circuit Judge Johnny Hardwick, who had blocked the school board from enforcing the ban and a related policy restricting legislators' use of leave time to serve at the Statehouse.

After being asked to reconsider that finding, the Supreme Court on Friday upheld the board's policies by an 8-0 vote. The board adopted the policy at the urging of Gov. Bob Riley, who serves as the board's president.

Hardwick had said the board failed to follow the requirements of the Alabama Administrative Procedure Act in passing the ban on double dipping and restricting leave. The act requires a special legislative committee to approve administrative policy changes in state agencies.

But the Supreme Court held that the board's policies don't fall under the act and the board didn't have to comply with it.

The lawsuit was filed by attorneys for the Alabama Education Association on behalf of state Rep. Blaine Galliher, R-Gadsden, and several other legislators who work in the two-year system.

AEA Executive Secretary Paul Hubbert said Friday that Hardwick has only ruled on one part of AEA's challenge. He said the courts have yet to decide whether the state can ban one group of public employees two-year college employees from serving as legislators while other public employees serve in the Legislature unchallenged.

"There's also the question of does the Constitution allow you to set restrictions on who can and cannot be in office," Hubbert said.

Riley praised the court's decision.

"It confirms that the board, acting in a bipartisan fashion, properly approved these policies to ban double dipping," Riley said. "Now the AEA and the double dipping legislators who brought this lawsuit need to stop their litigation so these needed reforms can be put in place and double dipping can be brought to an end."

An attorney for the school board, Roger Bates, said the Supreme Court changed some of the wording in its opinion concerning the Administrative Procedures Act, but did not alter the intent of the court's earlier ruling.