The Legislative Council “tabled” several items including proposals that would allow limited transfers without loss of athletic eligibility, modifications to the existing residence rule, as well as the eligibility of students moving to boarding schools. We know the membership is eager to address these issues, and, as a result, the Legislative Council has scheduled a February 4, 2024, special called meeting.

These issues are all interrelated. In one way or another, they all pertain to the athletic eligibility of transfer students under the current TSSAA Bylaws. These matters were tabled on December 12 in order to give the Legislative Council and the TSSAA staff time to confer with key members of the Legislature, and to sort through relevant legal issues before making these important decisions. In addition to considering these various inputs, this time also gives all of us (TSSAA and you, the member schools) an opportunity to provide our own input to others.

At the TSSAA regional meetings earlier this year, a majority of the public schools (58%) and a larger majority of the independent schools (72%) were opposed to a proposal that would permit a one-time transfer without a bona fide change of residence, without loss of athletic eligibility. With that said, a significant number of member schools did support the proposal (40%).

The feedback of our member schools at the regional meetings is not the only input TSSAA has received on this issue. There are a number of state legislators who have weighed in on the subject. House Bill 25 has already been introduced in the Legislature. If passed, it would allow a one-time transfer without loss of athletic eligibility if there is compliance with other rules (e.g., the recruiting rule, the residence rule, and the student is not under discipline at his/her former school). Based on conversations with legislators, we expect additional legislation could be introduced, and some of it may not be as limited as House Bill 25. The interest of legislators in this issue is based in part on what they are hearing from their constituents, but that is not their sole motivation. The school choice movement, including the Governor’s push to expand education savings accounts, is also a factor (so that restrictions on transfer student eligibility will not be a deterrent to school choice decisions).

In addition to the legislative interest in these issues, TSSAA also has heard from some sources about the possibility of legal challenges to our current transfer rules. TSSAA’s lawyers need this additional time to give more study to those issues as well.

Those who do not work regularly in education-based athletics sometimes fail to distinguish the dramatic differences between intercollegiate athletics, where athletes are recruited to engage in elite competition, and interscholastic athletics whose primary purpose is to supplement the academic programs of a school. Because many do not appreciate those differences, outsiders are sometimes too quick to assume that what works at the intercollegiate level is appropriate for the interscholastic level. Outsiders also may not fully appreciate how important the transfer rule is in the prevention of athletic recruiting because the prospect of a year of ineligibility discourages student-athletes from becoming victims of athletic recruiting. More than likely, they do not fully appreciate how important the prohibition on recruiting (and consequently the transfer rule) is on the preservation of interscholastic athletics as we know it, the maintenance of fair competition, and the prevention of victimization of student-athletes through athletic exploitation. At the legislative level, our legislators also may not appreciate that the creation of eligibility rules through state law, as opposed to allowing the member schools engaged in these activities to create the eligibility standards of the organization, would result in creating a system that cannot be easily modified if an eligibility standard becomes unworkable as the landscape of education evolves.

As TSSAA works through the variety of issues the Legislative Council must balance when it comes back together on February 4th, please do not hesitate to call your legislators and share your perspectives with them in a professional manner. In a world where the norm is to be aggressive and confrontational when discussing issues where disagreement exists, it is very important to remember that this organization needs to continue to have an effective working relationship with our lawmakers. Please approach them professionally. Our purpose in suggesting that you contact them is not to argue with them. It is simply to make sure that you, as their constituents, are also helping to educate them on aspects of interscholastic athletics they may not fully understand or appreciate.

In conclusion, on behalf of our staff, I would like to express our sincere gratitude for the work you put in every day to help make your students the best version of themselves through the platform of interscholastic athletics. Regardless of where we are when the dust settles, I can confidently say that you can and will continue to effectively shape the lives of those who you have been charged to lead. The work that you are doing is noble work, and you have a tremendous platform to provide value to the students you serve. Nothing will ever change this fact!

Mark Reeves,
TSSAA Executive Director