Did a new Idaho law create a transfer portal for high school sports? What the sponsor says

Michael Lycklama
Updated ·5 min read
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A recently passed state law has raised questions about the Idaho High School Activities Association’s authority over high school sports. But one of the bill’s sponsors told the Idaho Statesman the new law does not target the governing body or its transfer and eligibility rules.

The Idaho Legislature required all public schools to adopt open enrollment policies in March, allowing students to attend any public school regardless of where they live. But Sen. Lori Den Hartog, R-Meridian, said the bill she co-sponsored deals only with academics, not athletics.

“There’s been a lot of confusion,” Den Hartog said. “Nothing changes. The Idaho High School (Activities) Association governs transfer and eligibility requirements. This doesn’t change any of that — unless they were to go in and change their rules.”

WHAT DOES THE LAW SAY?

The new law updated a section of Idaho code in an effort to promote school choice, Den Hartog said. It requires schools to accept students outside their geographic boundaries — with exemptions for overcrowded buildings or schools with a lottery.

She noted most Idaho school districts already have open enrollment. The bill requires the few holdouts to follow suit.

The law prohibits schools from “discriminating against any pupil on the basis of his residential address.” It also removed a section clarifying that state law did not guarantee transfer students eligibility for extracurricular activities.

Den Hartog said she couldn’t remember why that section was removed. But she added that the bill was drafted with input from multiple groups, including the state’s superintendent association, the Idaho School Boards Association, the State Board of Education and the State Department of Education.

“We talked a lot about sports, too, in that group,” Den Hartog said. “We said we’re not going to touch any of that. They govern eligibility rules. This bill, in effect, doesn’t change any of that.

“... This is about academics. It doesn’t guarantee them the right to play on a sports team. Those eligibility requirements are still set by the athletic association.”

The bill passed in the Senate unanimously, and the House passed it with a 63-5 vote.

WHY IS THAT A CONCERN?

Despite its intent, the law’s text has spawned varying interpretations. One interpretation would argue students can change schools for any reason at any time of the year, and that it’s discriminatory to deny them the opportunity to play varsity sports — an opportunity every other student at their new school receives.

That could set off a recruiting frenzy, similar to the NCAA’s new transfer portal, and overturn the Idaho High School Activities Association’s long-standing rules.

State Superintendent Debbie Critchfield warned of the law’s potential impacts at an IHSAA board meeting April 5.

“I believe there are some implications for athletic eligibility,” Critchfield told the IHSAA board. “Essentially, the law says you can live anywhere and go to school anywhere.

“… I’ve already had a number of schools ask what this will look like academically. But we know this is going to bridge over into athletics and other activities.”

Kuna Athletic Director Luke Wolf said he’s received informal guidance that the law does not apply to high school sports. But he — like athletes, coaches and athletic directors around the state — is waiting for a formal answer.

“I hope we would still have to go through the same process with transfer guidelines,” Wolf said. “Because if we don’t, it’s going to be the wild, wild West.”

WHAT DOES THE IHSAA SAY?

IHSAA Executive Director Ty Jones said he also believes the new law applies solely to academics. But he added the state activities association is still gathering information and consulting with its attorney, the Idaho Association of School Administrators and the State Department of Education before issuing formal guidance.

“I don’t see it as anything other than exactly what it states, and that’s open enrollment,” Jones said. “And enrollment, for us, is academics. But obviously, we need to follow up on that. I’m hoping we’ll have an answer by our June (board) meeting.”

WHAT ARE IDAHO’S TRANSFER RULES?

The IHSAA rules on myriad issues for transfer students. But the private nonprofit agency’s rules boil down to:

  • Students can compete at any school they’re enrolled in when they enter ninth grade, regardless of where they live. Any changes after that are subject to the IHSAA’s transfer rules.

  • Students can change schools and compete at any level if the IHSAA determines they have made a “bona fide move” to a permanent residence in the new school’s boundaries. If the move was not bona fide, they can compete only at a sub-varsity level for a year.

  • Students can file a hardship waiver to compete at the varsity level immediately. An eligibility committee or the IHSAA board rules on that waiver in a private hearing.

The IHSAA’s transfer rulings remain one of the most debated topics in high school sports. But Jones said the rules exist to ensure an even playing field across the state.

“We want to make sure that when there are moves, they are legitimate moves and not people moving to create all-star teams or moving for athletic reasons,” Jones said. “... It’s based on fairness, equity, honesty and all the things that you hope for, as much as possible, in high school activities.”