The NCAA’s chief legal officer has issued a clarification to schools over a recent court ruling that made some high school class of 2022 athletes eligible for the 2026-27 athletics season. Already some, like star Indiana defensive lineman Stephen Daley, have made plans to return to school.
But not just anyone can return to school. In particular, student athletes who have pursued a professional path are ineligible to return to their previous school.
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“The professional participation rules and rules regarding agents also remain in effect,” chief legal officer Scott Bearby wrote, in a document shared by The Athletic’s Chris Vannini. “Those rules were not before the judge.
“As a general matter, individuals who leave college sports to pursue professional opportunities are ineligible to return. Schools seeking to roster such players are expected to comply with all NCAA rules.”
In addition, the NCAA was clear that the court injunction only applies to student athletes “who began to play in collegiate sports in the 2022-23 season, competed in NCAA Division I sports, and completed four years of eligibility as defined by the NCAA’s prior rules by the conclusion of the 2025-26 season.” Athletes like Daley fit the bill there; others may not.
The NCAA clarification also notes that the injunction did not enjoin any aspects of the House Settlement or Division I transfer rules. Roster limits and revenue share cap remain in effect, as do transfer rules.
Crucially, that means that any athlete who was not already in the transfer portal cannot simply enter the transfer portal now. They would be restricted to returning to play for their previous school, should the school have space available.
Any school taking in a “ghost transfer,” or a player that did not enter the portal in the designated window, will have its head coach suspended for 50% of the regular season. The program will also be fined.
Finally, the NCAA notes it fully plans to appeal the recent court ruling that made the class of 2022 athletes eligible this season. The NCAA has also asked for a stay of the injunction during the appeals process.
“If the judge denies our motion for a stay, the NCAA will immediately ask the Tenth Circuit to enter a stay pending appeal, including a request of the Tenth Circuit for what is known as an ‘administrative stay,’ which is an order pausing the injunction temporarily while the court decides whether to pause it for the duration for our appeal. If any of our stay motions are granted, we will return to the status quo before Wisne, with the age-based eligibility rules being implemented as the membership intended.”
