NCAA Expands Eligibility to Five Seasons After Judge’s Ruling

3 min readSources: National Law Review, JURIST

A federal judge ruled 2022 grads eligible for a fifth NCAA season, excluding pro football returnees.

Why it matters: Legal and compliance teams in collegiate athletics must navigate new eligibility rules and pending appeals, affecting scholarship management and regulatory risk across major programs.

  • NCAA’s 'five for five' rule lets Division I athletes compete in five seasons within five years, expanding the traditional four-season limit.
  • U.S. District Judge Charlotte Sweeney ruled in Buckner v. NCAA that 2022 graduates may use a fifth year of eligibility, excluding pro football players returning to NCAA play.
  • NCAA plans to appeal Sweeney’s ruling, signaling ongoing legal disputes over eligibility extensions.
  • The bipartisan Protect College Sports Act proposes increasing athlete retention funding by $27.5 million annually, supplementing the current $21.3 million cap per school.

The NCAA’s new 'five for five' eligibility rule permits Division I athletes to compete in five seasons over five years, expanding the long-standing four-season cap. This policy shift requires athletic compliance departments to update eligibility tracking and scholarship allocation frameworks to comply with the expanded eligibility window.

On March 1, 2024, U.S. District Judge Charlotte Sweeney issued a decision in Buckner et al. v. NCAA that grants athletes who graduated in 2022 an additional season of eligibility. However, the ruling excludes players who went professional in football and later sought to regain NCAA eligibility. This legal distinction creates complexity for compliance officers monitoring eligibility criteria.

The NCAA announced plans to appeal Judge Sweeney’s ruling, highlighting the unsettled legal landscape around eligibility extensions as reported by ESPN. The ongoing litigation means that compliance teams must prepare for potential policy reversals or amendments depending on appellate outcomes.

Concurrently, the Protect College Sports Act, a bipartisan bill supported by conferences such as the Big Ten and SEC, seeks to increase annual funding for athlete retention by $27.5 million per school, in addition to the current cap of $21.3 million. The legislation aims to provide institutions with enhanced resources to support scholarship awards and student-athlete services amid eligibility changes (text of bill).

NCAA President Charlie Baker emphasized the urgency of legislative action, stating, "It is long past time leaders across college sports call for the immediate passage of the bipartisan Protect College Sports Act." The legislation is seen as a critical step to help institutions manage compliance and financial pressures linked to expanded eligibility.

As courts refine eligibility rules and Congress considers funding increases, legal and compliance professionals in higher education athletics must actively monitor developments to ensure adherence to evolving requirements affecting athlete participation and program budgeting.

By the numbers:

  • 5 seasons — maximum allowed for NCAA Division I athletes under the 'five for five' rule
  • March 1, 2024 — date of U.S. District Judge Sweeney's eligibility ruling
  • $27.5 million — proposed annual increase per school in the Protect College Sports Act funding

Yes, but: While the ruling allows a significant extension of eligibility, the exclusion of professional football returnees limits its immediate scope, pending appeal outcomes.

What's next: The NCAA’s appeal of Judge Sweeney’s ruling is expected to proceed through 2024, potentially reshaping eligibility policies again.