High school student-athlete transfer rule is clear as mud

In 2021, in an effort to modernize its rules and make them more student-athlete friendly, the NCAA made a rule change to allow student-athletes to freely transfer once without sitting out for a year at their new school. However, while the NCAA is modernizing with a student-first mentality, South Carolina remains mired in conflict over the best way to handle high school sports transfers.

 

The rules regarding athletic transfers came to a head in 2020 when the South Carolina High School League (SCHSL) adopted new rules regarding transfer eligibility. A number of charter and private schools sued the SCHSL and were able to obtain an injunction which prevented the implementation of the new rules. The legislature then stepped in and implemented a proviso to the budget for the South Carolina Department of Education, which effectively prevented the SCHSL from implementing the new rule changes. Following the legislature’s action, the suit was dismissed as the issues were rendered moot by the new proviso.  

 

The issue revolves around competitive balance. In this regard, South Carolina is not alone; a number of other states are grappling with the same issues and similar lawsuits. Under the current rules, many of the administrators and officials within the SCHSL believe that private and charter schools enjoy a competitive advantage over traditional public schools.

 

So, at present how do the SCHSL athletic transfer rules work? These rules are governed by Article III, Section 10 of the SCHSL By-Laws, but subject to Section 1.58 of the SC Dept. of Education Budget Proviso.

 

Unless certain circumstances apply, a transfer student is ineligible to participate in sports for a period of one calendar year at the new school. So, absent certain factors, the rule is student-athlete transfers are ineligible to participate in sports for one year. 

 

So, what are the ways in which student-athletes can become immediately eligible once they transfer? They must meet the following two requirements:.

 

1. The student must be eligible to represent the school from which he/she transferred.

 

2. The student would be ineligible in the sport for one calendar year if the student has participated on an outside team in which a coach or volunteer coach from the school to which the student is transferring coached or had input into the selection of the outside team. This second criterion does not apply if the student is transferring from a nonmember school and has attended the nonmember school the previous two semesters. A member school is a member of the SCHSL, so a nonmember school would apply to a SCISA member school.

 

In addition to the two requirements set forth above, a student-athlete must also transfer under one of 14 (A-N) different circumstances to be immediately eligible.

 

However, if the student-athlete meets the two criteria above, but does not otherwise meet one of the 14 circumstances, then the student-athlete may still compete with limited eligibility only and must have a letter of support from the principal of the school from which the athlete is eligible. The student cannot have participated in the sport in which he/she wishes to be certified during the current school year. This type of transfer of eligibility is only allowed once every calendar year (365 days) and only applicable to inter-district transfer.

 

Charleston County and Berkeley County are single district counties, but Dorchester County is split into two districts. A number of other counties in the state consist of multiple districts. For example, Spartanburg is divided into seven districts.

 

So, as long as students meet the two criteria above, AND they obtain a letter of support from the principal of the school they are leaving, then they may compete immediately with limited eligibility. However, this type of eligibility only applies to inter-district transfers.

 

So, how do you transfer with immediate eligibility if you don’t get a waiver from your principal?  As referenced above, so long as you meet the two criteria we have already discussed, then you also have to fit into at least one of 14 different circumstances. With limited time and space, we have included an abridged list of the seven most common ways in which student-athletes seek a transfer for immediate eligibility.

 

1. A bona fide change of residence into the attendance area of the new school. The transfer of school following a “bona fide change of residence” must take place prior to the beginning of the following school year. If a student transfers at any other time, he/she will be ineligible for one calendar year. 

 

2. If a student transfers from out-of-state to in-state with a bona fide change of residence.

 

3. A student transfers to a school in the same district where he/she is currently eligible; to a school in the district where he/she is currently ineligible (as it relates to residency), or to a school in the district where the student and his/her family lives. The transfer must occur at the beginning of the student’s ninth-grade year.

 

4. With certain requirements, students who transfer from a nonmember school to a member school.

 

5. With certain requirements, students whose parents separate by court action or divorce and establish residency in different areas, have the option of establishing eligibility with either parent.

 

6. Students entering the magnet program must do so as 9th graders only. The move to or from these programs must be made on the first day of school. A move at any other time will require a waiting period until the first day of the next academic year for the student to be eligible.

 

7. A student transfers to another school in the same district, to include member charter and private schools located in the district; other than ninth grade, provided the affected superintendents and schools’ principals approve the transfer. This type of transfer is allowed once every calendar year (365 days) and only applicable to member schools located within the district. 

 

As mentioned above, this list is not exhaustive, but it does represent the most common ways in which student-athletes seek to transfer and become immediately eligible to participate in athletics.

 

If you do not qualify for any of the exceptions or circumstances referenced herein, or more fully discussed in the SCHSL By-Laws, then you have the option to apply for a hardship. Generally, there are three ways in which a hardship can be granted: 1. extraordinary circumstances; 2. medical hardship; or 3. financial hardship.

 

If you are now wholly confused about how this process works, then welcome to the club!  

 

The question seems simple enough: How do we protect the best interests of our student athletes while maintaining competitive balance in each class of competition throughout the state?  However, achieving this balance has proved extremely difficult to execute, and many states throughout the nation are trying to solve this exact same question without any easy answers.