House takes first step at repealing West Virginia’s controversial high school sports transfer rule

House members took a significant step in potentially repealing West Virginia’s controversial high school sports transfer rule, which has been blamed for depleted sports teams and lopsided football scores. 

The current rule, which lawmakers passed in 2023, allows all high school students to transfer schools at any point in the year and play immediately. Prior to this, student athletes would have to sit out a year after transferring. 

There have been 1,261 transfers over the last three years, according to Del. Marty Gearheart, R-Mercer, who sponsored a bill to repeal the current law. 

Lawmakers upset the balance in competition, he argued.

“People moving from one school to another for whatever their reasons may be, it’s not healthy. It’s not good,” Gearheart said. 

House Bill 4425, which passed with a vote of 78-19, doesn’t automatically undo the high school sports transfer rule; it would allow the West Virginia Secondary School Activities Commission to make their own rule on the matter. The WVSSAC set their own transfer rules prior to the Legislature’s actions a few years ago. 

Debate on the bill lasted well over an hour, with numerous members standing to support or oppose the measure.

“Transfer is legal. Recruiting is not. This has been a problem since its inception three years ago,” said Del. Jeff Campbell, R-Greenbrier, who is an announcer at Greenbrier East High School football games. “The transfer portal has ruined college sports. Let’s not let it do the same thing to West Virginia high school athletics.”

Del. Hollis Lewis, D-Kanawha, said South Charleston High School had been “decimated by the transfer rule.” The team has won one game in four seasons, he said. 

“We couldn’t even fill a women’s basketball team this year … Let’s stand on principle and say this isn’t working,” he said. 

Opponents of the measure said it restricted students’ freedom in the state, who should be able to choose where they play and learn. 

“Oftentimes, our student athletes are able to move to a team that would allow them to excel, that would put them in the highlights, to then propel them into a free education,” said Del. Adam Burkhammer, R-Lewis. “Or we can limit them. Because we’re maybe frustrated that our hometown team isn’t doing as good as what we had liked. We can say you’re forced into this mold, into this bubble because of your address.”

“I thought we stood for freedom,” he added.

West Virginia lawmakers changed the high school transfer rule in the final hours of the 2023 session after senators slid the measure into a bill that allowed homeschool students and those using the Hope Scholarship to participate in public school sports.

Gearheart said it was likely that the WVSAAC would return to the prior transfer restrictions. The state Board of Education would have to approve any proposed changes by the WVSAAC.

The measure now goes to the Senate for consideration before the Legislature is set to adjourn March 14.