MORGANTOWN, W.Va. — Repeal of the so-called “one-time transfer” law has been finalized two weeks after House Bill 4425 received passage from the state Senate. Gov. Patrick Morrisey announced on Tuesday afternoon that he signed the bill that returns control and oversight of student-athlete transfers back to the West Virginia Secondary School Activities Commission.
“The SSAC is adopting a more flexible, common-sense approach,” said Governor Morrisey in a press release. “This new rule makes improvements to the previous policy – giving families greater flexibility while protecting competitive integrity and strengthening the communities that rally around their homegrown athletes. That is why I am proud to sign House Bill 4425 into law today.
“For many communities, high school sports are just as much about competition as they are about watching young athletes grow up together, representing their hometowns, and building pride in their schools. This framework preserves that tradition while recognizing the realities families face today.”
Going forward, student-athletes entering their freshman or sophomore seasons retain the right to transfer and remain immediately eligible to compete in athletics at their new schools. Morrisey says transfer restrictions remain in place for upperclassmen.
Under the new rule, a student is eligible for a one-time transfer during the ninth or tenth grade with immediate eligibility, provided the transfer is completed on or before September 1. A student who transfers during an active sports season retains immediate eligibility in all sports except the sport in which the student has already participated that season.
The rule also establishes a transfer-back provision. A student in ninth, tenth or eleventh grade is entitled to one transfer back to a member school within the attendance zone where the student’s parents reside, provided it is the home school originally identified at the time of the initial out-of-zone enrollment. Immediate eligibility applies if the transfer is completed by September 1.
“Once again, we are very grateful for the support of our legislature and the governor throughout this entire process,” said Wayne Ryan, WVSSAC Executive Director. “We appreciate their trust in the WVSSAC and its member schools on this matter.”
“This takes and removes the legislature out of the business of making rules for high school sports and puts it rightfully with the 110 members that can do that and do it with agility that needs to be done,” said Delegate Dana Ferrell, R-Kanawha, on MetroNews Midday.
Prior to the rule change coming from the state legislature in 2023, student-athletes looking to transfer and compete immediately at their new school needed to request and be granted a waiver by the WVSSAC to do so.
“Under the old rules, if they were denied a transfer, they could appeal that to a board at the SSAC,” Delegate Ferrell said. “Seven out of ten of those appeals were granted. That can still take place, even if you are going into your junior or senior year. I can see there will be some individuals that maybe don’t agree with the decision and it could be something that ends up with the threat of a lawsuit or such. But I think we have stepped a long ways towards minimizing that. I don’t think there is ever going to be a perfect system. But I think we went a long ways toward playing in a system that I think is the most fair to everybody.”
Full text of the new policy from the WVSSAC:
7.2.a. In addition to those transfers permitted by any other rule, a student shall be eligible for a one-time transfer during 9th or 10th grades, subject to below, and shall retain their immediate eligibility following the transfer. Eligibility will be granted immediately if the transfer is completed on or before September 1. This also applies to Hope Scholars, homeschool students, micro school students, learning pod students, and charter public school students. When the transfer occurs during a season in which the student has participated in any capacity within a WVSSAC established sports season as set forth and published by the WVSSAC Standardized Calendar for the applicable academic year, at any previous secondary school, the student will be eligible for all sports except for that sport. Any transfer made outside the scope of this rule may file for a waiver with the WVSSAC Board of Directors as permitted by these rules.
7.2.a.1. Transfer Back.
A student in the 9th ,10th, or 11th grades, subject to below; will be entitled to one transfer back from a school located outside of their attendance zone where the student resides into a member school located within the attendance zone where the student’s parents reside. The school must be the “home” school originally identified or selected as the “home” school in the initial enrollment in the out of attendance zone school. Eligibility will be granted immediately if the transfer is on or before September 1, subject to below.
If the transfer occurs during the remainder of the academic year the student will be ineligible for the remainder of that academic year and will gain eligibility after the end of that academic year, providing they meet the specified GPA requirements. If the transfer back occurs on or before September 1 of that academic year in which the student has participated in any capacity within a WVSSAC established sports season as set forth and published by the WVSSAC standardized academic calendar, at the previous school, the student will be eligible for all sports except for that sport. Any transfer made outside the scope of this rule may have the ability to file an appeal for a waiver with the WVSSAC Board of Directors as permitted by these rules.