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HCS considers change to student athlete transfer policy

HCS considers change to student athlete transfer policy File photo

The Haywood County Board of Education is considering a change to its policy that governs transfers by student athletes between Pisgah and Tuscola, and with board members in disagreement on the issue, the board is welcoming public input. 

“There’s a lot of issues and a lot of things that are going to have to be discussed about this and how you’re going to deal with it,” Board Attorney Pat Smathers told the board.

The change concerns policy 3620-R and would eliminate the section of the policy that allows students who transfer schools via pupil reassignment to be eligible to participate in athletics immediately after they transfer.

“That would default us back to the North Carolina High School Athletic Association rule where they have to sit out 365 days unless it is a bona fide move,” Assistant Superintendent Graham Haynes said when he explained the proposed change to the board.

The North Carolina High School Athletic Association (NCHSAA) guidelines state that “after a student’s initial entry into Grade 9, and absent a change in residence for a bona fide purpose… A student who transfers from one school to another school within the same Public School Unit (PSU) shall not participate in interscholastic athletics for 365 calendar days following the student’s enrollment in the new school.” 

However, while the NCHSAA guidelines say a student is ineligible for the first year after a transfer for any other reason than a bona fide move, the guidelines also allow for the governing authority of a public school unit to adopt a policy allowing immediate eligibility for students.

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This is how the Haywood County Board of Education has run things in the past. Currently, the school board’s policy regarding student athlete transfers says that high school student athletes approved for transfer do not lose eligibility due to the transfer. This rule applies whether the student transfers for a bona fide move or under pupil reassignment.

There are two broad categories under which a student can transfer between schools within the same district. The first is what is considered a “bona fide” move. This happens when a student’s residential address changes and they are districted to a new high school under the new address — moving from Waynesville to Canton or vice versa is an example of this sort of move that might warrant a change in high schools. Under this type of transfer with a bona fide change in residency, the student athlete does not lose eligibility for athletics under either the NCHSAA rules or Haywood County School Board policy.

The other category in which a student transfers between schools is considered a pupil reassignment. This happens when a student has no bona fide change in residency that warrants a jump from one high school to another, but the family requests a transfer for some other reason. In the past, a student athlete in Haywood County that requests pupil reassignment has not lost athletic eligibility, but if the school board decides to revert to NCHSAA policy, they would lose eligibility for the first 365 days after transfer.

Board Member Logan Nesbitt brought up the issue of student athlete transfer policy during the Nov. 12 school board meeting when he requested adding the policy change to the agenda for first read. Nesbitt joined the board in 2020 and serves on the Building and Grounds and Special Issues committees.

“So, Mr. Haynes, the North Carolina High School Athletic Association currently adopts the 365-day rule where high schoolers have to sit out respective sports once transferring from a residency, correct?” Nesbitt asked after Haynes had explained the proposed change to the board.

“If it is not a bona fide move,” Haynes clarified. “If it falls under pupil reassignment, then yes.” 

Smathers explained that the rule about what constitutes a bona fide move, or change in residency, can get muddy with situations that involve rental agreements, children going to reside with grandparents or other relatives, or parents separating.

“These are all things we’ve dealt with in past years,” said Smathers.

He also explained that when students turn 16, they are no longer considered a juvenile and can legally live wherever they want to live.

“I’m just saying these are the issues you might have,” said Smathers. “If a student moves and says ‘I’m 16 years old, I’m 17 years old, I want to go live with my grandparents,’ is that their bona fide residence? If a husband and wife say, ‘hey, we’ve been separated for years but Johnny’s now going to go live with the other parent,’ is that a bona fide move?”

Board Member Ronnie Clark said that these complications were part of why the board had decided not to penalize student athletes from eligibility for transfer in the past.

“That’s why we left it the way it was before and I don’t think the board should be involved in this, I think it should be left to the schools, that’s my thought,” said Clark.

But Board Member Jim Francis noted that policy is the responsibility of the school board, not individual schools or school administration.

Clark then noted that the normal procedure is to have the policy committee bring proposed policy changes before the full board. Nesbitt is not on the policy committee and seems to have suggested the change of his own volition.

“There’s only one member of the board on the policy committee, so I think this is a good start,” said Board Member Marla Morris. “We’ll have 30 days to discuss before we vote on it.” 

Board Member Jimmy Rogers, who is on the policy committee, was absent from the Nov. 12 meeting. Following the discussion about the proposed policy change Smathers asked that the board vote on the policy for first read since the recommendation did not come from committee. He said if it had come from committee, it wouldn’t need to be voted on.

Chairman Chuck Francis was also absent from the Nov. 12 meeting, and Vice Chairman David Burnette said that anybody that wants to come speak on the issue should do so.

“If they want to come and have comments, they’re welcome here, and they’ll have three minutes in the public input section,” said Burnette. “It’ll give us time for everybody to do their homework in the meantime.”  

The next regularly scheduled school board meeting will take place at 7 p.m. Monday, Dec. 9, at the ITC conference room located at 1161 Bryson St. in Waynesville. The board was also set to discuss the policy change at its work session beginning at 5 p.m. Tuesday, Dec. 3.

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