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PIAA nearing major change on transfers
Friday, April 20, 2007

The Pennsylvania Interscholastic Athletic Association may be close to passing a new student-athlete transfer rule that would be a monumental change in high school athletics.

 
 
Proposed reasons for ineligibility
In the past, student-athletes and their families used a number of reasons for transfers and were subsequently ruled eligible.

The reasons were everything from money to academics.

"You can still use those reasons for the transfer, but you just won't be eligible for varsity sports," WPIAL executive director Tim O'Malley said.

If a new rule is passed next month by the Pennsylvania Interscholastic Athletic Association, student-athletes will be denied varsity eligibility for one year if any of the following reasons are included in the rationale for transfer:

For academics, such as to improve academic standing or to gain access to certain classes or schools.

For social, philosophical, and/or religious reasons.

For dissatisfaction with a school, or for disciplinary reasons, including expulsion.

For reasons of emotional adjustments.

For general financial or economic problems or difficulties related to single-parent families or broken homes.

Severe, adverse occurrences for parents or guardians, such as loss of employment, court-ordered adjudication of involuntary bankruptcy, court-ordered eviction, or judgment of mortgage foreclosure may be considered when determining varsity eligibility for a transfer student.

   
 

The rule has passed two readings and must pass one more vote (by a two-thirds majority) at the end of May before becoming part of the PIAA by-laws for the 2007-08 school year.

The new rule, in a nutshell, says any student who transfers schools after the start of ninth grade is ineligible to play varsity sports for one year, with a few narrow exceptions.

The exceptions are primarily limited to changes of residence that are the result of a change in the family's employment or other compelling circumstances, such as school closings or a move between divorced parents.

A transfer student, however, can participate in junior-varsity sports or on a freshman team if the athlete is in ninth grade. Under PIAA rules, any student, from ninth through 12th grade, is eligible for junior-varsity competition.

Will the new rule pass? Is it fair? Will it make student-athletes and their parents think twice about a move for athletic intent? Those are some of the questions being debated around Pennsylvania athletic circles.

The new rule was proposed originally by the Western Pennsylvania Interscholastic Athletic League, a district within the PIAA, and was most recently passed at the PIAA Board of Control meeting in March by a 25-3 vote. The PIAA Board of Control is made up of representatives from districts throughout the state.

At the May meeting, the rule must have at least 20 votes to pass.

To cite some examples on how things would have been changed if the new rule would have been in effect a year ago:

Woodland Hills star football player Rob Gronkowski would have been ineligible for varsity sports this season after transferring from a school in Buffalo, N.Y. Central Catholic quarterback Tino Sunseri would have been ineligible for varsity football after transferring from a North Carolina school.

If the rule would have been around in previous years, numerous other high-profile transfer cases would have been ruled differently.

Mike Manzo has been the WPIAL's lawyer since 1982, and he helped craft much of the new rule's language.

"People have looked at one kid who has transferred and been allowed to participate in athletics and another kid who has not been allowed," Mr. Manzo said.

"People have said the rulings have been so inconsistent, and I think the perception out there is that the rule is arbitrarily enforced and only an unlucky few get caught."

Under the current transfer rule, students are eligible for varsity sports immediately if they physically move from one public school district to another and receive a "principal to principal" sign-off. But even if those two things are done, the student can still be ruled ineligible for one year if it is determined athletic intent is involved in the move. During the year of ineligibility, the athlete can't compete in varsity or junior-varsity games.

Students also can transfer from public to private schools, and vice versa, and be eligible for varsity sports, unless athletic intent is involved.

But in many transfer cases, the WPIAL Board of Control has found it hard to prove athletic intent is involved. The WPIAL, the Pittsburgh City League and the other 10 districts around the state make eligibility rulings first. Any student-athlete ruled ineligible after transferring can appeal that case to the PIAA.

"We believe this new rule makes the attempt to get away from the subjective determination of athletic purpose in a transfer," Mr. Manzo said. "It allows for determinations to be made that are a little bit more objective and verifiable."

In some cases, the WPIAL has ruled an athlete ineligible for a year, but the PIAA, on appeal by the student-athlete involved, has overturned the decision.

"This would clear up the inconsistencies that we've experienced and the frustration we've experienced when the case goes to an appeal [to the PIAA] and is overturned," WPIAL executive director Tim O'Malley said. "We're not telling anyone they can't move to where they want. But the privilege of athletics is given to those people who voluntarily agree to the rules and regulations.

"Plus, unlike the old rule, we are not stopping anyone from competing. They just can't do it at the varsity level."

Also under the new rules, any student-athletes who transfer must either sell or totally vacate their previous residence if they want to be ruled eligible. Their entire family also must move, meaning they can't have a parent live at their old residence. As an example, that would have made Rob Gronkowski ineligible because he moved to the Woodland Hills district with his father while his mother stayed in Buffalo.

Student-athletes who transfer can no longer be ruled eligible if they suddenly change guardians while their parents stay in the previous district. That would have made Tino Sunseri ineligible because his parents stayed in North Carolina while his uncle became his guardian.

The new rule also addresses what the WPIAL calls "sham separations," where student-athletes and one parent move into another district, claiming the mother and father have become separated. Under the new rule, an official "divorce decree" is needed for reasons to be ruled eligible.

Also, the new rule spells out specific reasons student-athletes can't use to transfer and be eligible for varsity sports. The reasons include academic, social or religious matters.

"We're not saying you can't transfer for those reasons. You just can't be ruled eligible for varsity sports for those reasons," Mr. O'Malley said.

For years, private and parochial schools have been criticized for students who transfer from a public school and are eligible when it is believed the transfer was mainly for athletic reasons. But Dick Culver, the private and parochial school representative on the PIAA Board of Control, backs the new rule.

Mr. Culver also said the rule has the backing of the Pennsylvania Catholic Conference, the public affairs arm of Pennsylvania's Catholic bishops and the 10 Catholic dioceses of Pennsylvania.

Mr. Culver, also the principal of Bethlehem Catholic High School in eastern Pennsylvania, has been "on and off" the PIAA Board of Control since 1990.

"The same rhetoric being said in 1990 [about transfers] is still being said in 2007," Mr. Culver said. "Does this new rule solve the problem? I don't know. All we feel is the way the new rule is written, it doesn't hurt us any more than public schools.

"Whether it's right or not or it creates more problems, that remains to be seen. But as the private school representative who represents the Catholic Conference, we can't find fault with it."

A criticism of the new rule is that it keeps an athlete from playing varsity sports when that athlete's transfer is clearly not for athletic reasons.

For example, this scenario was put to Mr. O'Malley: A student lives in District A and his family decides it would like to move to a bigger home. The family finds a suitable home in District B 10 miles away and the family decides to move there. The student is an average athlete in, say, basketball. Is he eligible, under the new rule, for varsity sports at District B?

"No," Mr. O'Malley said. "He can still participate, but it would have to be on the JV level for a year."

When asked why the athlete would be ineligible for varsity sports when athletics had absolutely nothing to do with the transfer, Mr. O'Malley said: "If the move was indeed made for the reasons described and athletics had nothing to do with it, then it shouldn't matter what level he plays.

"You know the rules up front. If you have a problem, then wait until your kid is out of high school to move.

"Now, let's say you live in Latrobe and your father works in New Castle and you move closer to New Castle because of his job," Mr. O'Malley said. "That's OK because you're moving for employment purposes."

WPIAL president Rich Constantine, the principal at Uniontown High School, was a member of the league's committee that drew up the proposal.

"We know this is a change, a departure in the way we have dealt with transfers for many years" Mr. Constantine said. "If the PIAA is to move forward and maintain the ideals of high school sports, however, the challenge that this change presents needs to be embraced.

"If you look at some of the cases in the past and apply this rule, it would be easier to rule on those cases.

"We think it would be good, rather than having a big debate every time a high-profile case comes up."

First published on April 19, 2007 at 11:32 pm
Mike White can be reached at mwhite@post-gazette.com or 412-263-1975.