The future of transfers

PIAA and its member schools firmly believe that interscholastic athletics, while an important component in the education and overall development of students, must be kept in proper perspective and subordinate to academics. PIAA and its member schools have determined that athletic recruiting and deciding what school to attend based on factors relating to athletics are inimical to the objective and the purposes stated above, that athletic recruiting and athletically-motivated transfers are fueled by rules permitting widespread transfers, and further that widespread transfers of student-athletes adversely affect competitive equity, as well as the integrity of school teams, the interests of non-transfer student-athletes, and school loyalty.

Experience has shown that athletic recruiting and athletic motivation are often easily disguised in the context of a transfer. In virtually every situation, there is a claim that the transfer has some purpose unrelated to athletics. Being without subpoena powers or investigatory staffs, PIAA and the District Committee face considerable difficulties in determining where the truth lies.

In order to advance the educational objective and purposes stated above, and yet not exclude students from the benefits of participation in interscholastic athletics, PIAA has adopted a general rule of restricted or limited eligibility for transferring students, subject to a few narrow, well-defined exceptions under which a transferring student may apply for, and upon sufficient showing, be declared eligible for full and unrestricted participation.

Section 1. Definition of Transfer. [No Changes]

Section 2. Ninth Grade Eligibility.

All students are eligible for full and unrestricted participation in interscholastic athletics (including varsity competition) when they first enroll in 9th grade. The eligibility of students who transfer schools and repeat 9th grade shall be determined under Sections 3 through 7.

Section 3. Restricted Eligibility for Transfer Students.

Students who transfer after the beginning of 9th grade are ineligible to participate in varsity competition for a period of one year from the date of the transfer. Said students are eligible during that one year period for competition at only the junior varsity level or below, except as otherwise provided in Section 4.

Section 4. Conditions Under Which District Committee May Grant Full and Unrestricted Eligibility.

A student whose eligibility is limited per Section 3 of this Article may, through the student's school, apply for and be granted eligibility for full and unrestricted participation in interscholastic athletics by the District Committee if the school and the student demonstrate to the satisfaction of the District Committee by clear and convincing evidence that the transfer was not motivated by an athletic purpose and that the criteria in one of the following subparagraphs have been met:

A. Change of Residence of Parents. (i) The student has moved with and resides with the student’s natural or adoptive parents in the school district to which the student transferred, (ii) the student and the student’s parents and family have completed a bona fide change of residence, and (iii) the change of residence was necessitated by a change of full-time employment or other substantial and compelling change in circumstances beyond control of the student and the student’s parents;

B. Change of Residence of Legal Guardian. (i) the student has moved with and resides in the school district to which the student transferred with a legal guardian appointed by order of a Court of Common Pleas, (ii) the student and the student’s court-appointed guardian and family have completed a bona fide change of residence, and (iii) the change of residence was necessitated by a change of full-time employment or other substantial and compelling change in circumstances beyond control of the student or the student’s court-appointed guardian;

C. Change of Residence of Foster Parents. (i) the student has moved with and resides in the school district to which the student transferred with foster parents approved by order of a Court of Common Pleas or by the local child welfare organization, (ii) the student and the student’s foster parents and family have completed a bona fide change of residence, and (iii) the change of residence was necessitated by a change of full-time employment or other substantial and compelling change in circumstances beyond control of the student and the student’s foster parents;

D. Change of Residence Upon Adoption. (i) the student has been legally adopted by order of a Court of Common Pleas within the last twelve (12) months, (ii) at the time of the adoption, the adoptive parents resided in the school district to which the student transferred, and (iii) the student has moved into the residence of his/her adoptive parent(s) in the school district to which the student transferred;

E. Change of Residence Upon Appointment of Legal Guardian. (i) a legal guardian for the student has been appointed by order of a Court of Common Pleas within the last twelve (12) months, (ii) the guardianship was necessitated by the death, incapacity or disability of the student’s parents, or abandonment by the student’s parents, (iii) at the time of appointment, the guardian resided in the school district to which the student transferred, and (iv) the student has moved into the residence of the court-appointed legal guardian in the school district to which the student transferred;

F. Change of Residence Upon Placement With Foster Parents. (i) the student has been placed with foster parents by order of a Court of Common Pleas or by the local child welfare organization within the last twelve (12) months, (ii) at the time of the placement, the foster parents resided in the school district to which the student transferred, and (iii) the student has moved into the residence of the foster parents in the school district to which the student transferred;

G. Change of Residence Upon Placement in a Juvenile Residential Family. (i) the student has been placed by order of a Court of Common Pleas in a juvenile residential facility located in the school district to which the student transferred and (ii) the student has moved into the facility in the school district to which the student transferred;

H. Change of Residence Upon Divorce of Parents and Custody Award. (i) the student’s parents have become divorced by order of a Court of Common Pleas within the last twelve (12) months, (ii) the divorce decree or other order of court awarded permanent custody of the student to one of the parents, (iii) the student moved with and resides with the parent who has been awarded custody in the school district to which the student transferred, and (iv) the student has not previously transferred from a school district where one parent resides to a school district where the other parent resides;

I. School Closing/Elimination. The school where the student has attended has been abolished;

J. Administrative Transfer. The student has been transferred by executive action for administrative purposes to another school in the same school district;

K. Promotion From A Traditional Junior High School. Where the highest grade of a junior high school is 9th grade, the student has completed the highest grade of that junior high/middle school and is thereupon promoted by the public school district to a public senior high school in the same school district;

Section 5. Bona Fide Change of Residence.

For purposes of this Article, a bona fide change of residence shall mean a change in residence from one school district to another with the intent to make such new residence a fixed, final and permanent domicile. Whether this requirement is met shall be determined by the District Committee based on the facts of each case.

A change of residence will not be considered bona fide or complete unless: (i) the original residence is abandoned as a residence, that is sold or disposed of and not used as a residence by any member of the student’s family; and (ii) the student’s entire family moves and takes with them all household goods and furniture appropriate to the circumstances.

Section 6. District Committee Review

In determining whether the criteria required under Section 4 have been established, the District Committee may act on the basis of information and documentation submitted by the school and the student, and also may convene a hearing, if deemed necessary, and request specific evidence, including, for example, the following: (a) telephone and utility service operative at the new residence and terminated at the former residence; (b) vehicle registration listing the new address; (c) voter registration listing the new address; (d) real estate documents indicating and verifying a permanent change of residence (sale and purchase, for instance); (e) court documents indicating a permanent change of residence; (f) wage and income tax returns, wage and income tax receipts, real estate tax records; (g) such other evidence or documentation as the District Committee deems pertinent or appropriate.

Section 7. Transfers for Athletic Purpose.

A. Transfers which are motivated by an athletic purpose include transfers motivated by a desire of the student or the student’s family (i) to gain additional playing time; (ii) to play for a particular school, coach, or team; (iii) to avoid either playing for, or athletic sanctions imposed by, a particular school, coach, or team; and/or (iv) to gain increased media or college exposure.

B. The following is an illustrative, but not exhaustive, list of situations which may indicate athletic purpose:

[the ensuing list is consistent with the 10 illustrations set forth in existing Section 4.D.]

[Sections 5, 6 and 7 remain unchanged]