The public/private divide: an analysis of American law relative to recruiting and transfer policies in interscholastic athletics

Abstract

ABSTRACTCompetitive balance within interscholastic athletics in the United States is governed by state athletic associations. The policies derived by these associations vary by state and are meant to ensure high school athletic teams have an equitable chance of athletic success, especially in post-season tournament competition. Two specific policy types, recruiting and transfer restrictions, are often designed to safeguard against schools targeting specific athletes, or students choosing schools based on athletic motives. These policies are particularly challenging to create and enforce when private schools are involved, as private schools admit students differently than public schools and because private schools tend to have disproportionately high levels of athletic success. Consequently, legal cases challenging recruiting and transfer policies often include private high schools where violations of fundamental rights are alleged. A thorough review of such cases revealed that state athletic associations are generally supported by the courts to create and enforce recruiting and transfer limitations.