WI Transfer Rule in Legal Dispute

[Hilltopper99]

Something interesting is happening in WI HS athletics that could set a nationwide precedent and cause changes in the transfer rules.

Wisconsin currently employs a transfer rule similar to MN's - if a student transfers (in every scenario - public to public, public to private, private to private) he must sit out a full season before becoming eligible to compete.(There are some technical points and loop holes here that I won't mention) Here's the situation under dispute: A golfer transferred after his soph year to another school where he was declared ineligible. The parents sued the WIAA (high school league) claiming that because junior year performance is so important for athletic scholarships, the WIAA's transfer rule deprives the student of some basic civil rights. The WI Court hearing the case claims they need time to research the rule and that for now, the transfer student has been granted a "stay" of some kind (sorry, I don't know the legal terminology) and will compete for his new school during the golf season. Should the WI court decide to invalidate the rule, this could mean future law suits for other states with similar rules. Could mean the end to transfer regulations altogether.

Comments? Any lawyers and or Constitutional law students want to lend some insight here?

[Blue&Gold]

WOW, that is interesting. And highly expected, just wondered where it would be. Keep us posted as to the travels through the legal system this may take.

[goldy313]

The same thing happpend in Florida where a much more stringent transfer rule was in place. The court shot it down and Florida came back with a rule that is the basis of most transfer policies now. The current Florida rule has stood up to court challenges which is why other states have adopted it. Basically the courts have said that playing high school sports is a priveledge, not a right and therefore as long as you meet basic criteria and the rules are not discrimanatory the high school athletic leagues do have the right to impose rules.

That doesn't mean some individual judge will allow a transfer though and in Florida the high schools appealed such a decision and the appelate court reversed the original decision, setting precedent.