ELIGIBILITY CHANGES — Senate Majority Whip Ryan Weld said SB 262 would provide student-athletes the opportunity to transfer schools once and still be eligible to play West Virginia Secondary School Activities Commission high school sports. -- Photo Courtesy/WV Legislative Photography

CHARLESTON — A bill making it easier for students attending West Virginia high schools to transfer and keep playing sports passed the Senate by a 27-5 vote Wednesday.

Senate Bill 262 would require the West Virginia Secondary School Activities Commission to modify rules for the 2023-2024 school year to allow students to transfer schools and retain their athletic eligibility one time during a student’s four years in high school.

The bill also requires the state Board of Education, when reviewing the WVSSAC rule, to ensure it complies with the intent of the Legislature to not require the student to sit out one year for transferring schools during or after the student’s ninth grade year.

A similar bill passed the Senate last year, but was never taken up by the House Education Committee. Senate Majority Whip Ryan Weld, R-Brooke, was the lead sponsor of both last year’s bill and SB 262. He said he has talked with the House and expects the bill to be taken up this time.

“I’ve had some very encouraging conversations with our brethren in the House to get this across the finish line to help students across the state,” Weld said.

Weld said he was motivated to bring the bill back this year after the West Virginia Supreme Court of Appeals ruled in November blocking a decision by the Ohio County Circuit Court in March 2022 in favor of a legal guardian and her child.

The WVSSAC sought a writ of prohibition blocking the circuit court’s preliminary injunction against its Residence-Transfer Rule. The circuit court ruled that the rule was “arbitrary and capricious” and facially unconstitutional.”

The child in question, a 10th grade student at John Marshall High School in 2020-2021, had transferred to Wheeling Central Catholic High School in August 2021. A student-athlete who played softball and basketball on recreational sports teams, the child learned she would be ineligible to participate in sports at Wheeling Central Catholic due to the WVSSAC Residence-Transfer Rule.

The rule states that “If a student transfers during the academic year from one secondary school to another secondary school, the student shall be ineligible for 365 days from date of enrollment, absent a bona fide change of residence. Students who are ineligible under this rule may practice during the period of ineligibility, given they meet all other factors of eligibility…”

The rule also allows the WVSSAC to waive the rule under certain circumstances. The child asked for a waiver from WVSSAC Executive Director Bernie Dolan and the WVSSAC Board of Directors but was denied. The student appealed to the WVSSAC Review Board which upheld the earlier waiver denial. The child’s guardian filed suit in Ohio County Circuit Court afterward.

According to testimony from the WVSSAC, the Residence-Transfer Rule exists to assist students in “settling in” to a new school before being allowed to play high school sports. The rule doesn’t prevent the student from joining a sports team or practicing, but they are prohibited from playing in games supervised by the WVSSAC.

“This girl was ruled by the Supreme Court that she couldn’t play sports,” Weld said. “This ruling really served as a motivation for me. I think it is very important we provide every student with every opportunity that they should be allowed to have.”

Weld said that the Residence-Transfer Rule only applies to in-state students, but it doesn’t apply for students moving to West Virginia from out-of-state or in-state private schools that are not members of the WVSSAC.

“That settling in period doesn’t apply if you’re coming in from out of state,” Weld said. “If you move here from California, you can get on that team and get out and play. If you go from a non-member school…but if you’re transferring from a public school to a private school, you have to sit out. For all those other kids moving in from out-of-state, you don’t need that settling in period.”

SB 262 also is personal for Weld. He was a freshman at Madonna High School in Weirton in the mid-1990s and was on a summer swim team, but transferred to Brooke High School.

“I wanted to be on the swim team at Brooke, so I appealed the decision,” Weld said. “I was allowed to play, but not before I went through a process and two months of not being able to play.”

The bill was opposed by two out of the three-member Senate Democratic caucus; Senate Minority Leader Mike Woelfel, D-Cabell, and Senator Mike Caputo, D-Marion. The bill also was opposed by Sens. Bill Hamilton, R-Upshur, Ben Queen, R-Harrison, and Randy Smith, R-Tucker.

Smith said the bill could provide an unfair advantage to counties with larger schools versus more rural schools with smaller teams. It could also result in other schools trying to poach successful student-athletes from other schools.”

“We don’t send our kids to school to become superstar athletes. We send our kids to school to get an education,” Smith said. “I just feel we’re opening it up for if you don’t like your coach, then you look elsewhere. I think we’re starting a bad precedent by doing this.”