COLUMBUS, Ohio — Ohio Governor Mike DeWine signed Executive Order 2026-04D on Tuesday, granting public and private colleges and universities across the state explicit authority to allow fifth-year student-athletes from the high school graduating class of 2022 to compete despite current NCAA restrictions.
The order directly addresses implementation guidelines tied to a new eligibility model adopted by the NCAA in June. While the framework provides student-athletes up to five years of competition—starting the eligibility clock during the academic year they turn 19 or enroll full-time—the NCAA’s rollout guidance effectively denies a fifth season to athletes who graduated high school in 2022 and have completed four full seasons of competition.
Under Executive Order 2026-04D, higher education institutions in Ohio are authorized to decline enforcing the NCAA’s age-based restriction for otherwise eligible 2022 high school graduates while active court challenges proceed.
Levelling the Playing Field
State officials emphasized that the executive order aims to protect student-athletes from inconsistent administrative standards across state lines.
“When the rules change, fairness has to remain part of the equation,” Governor DeWine said. “We want Ohio’s student-athletes to have the same opportunity as student-athletes in other states.”
Lt. Governor Jim Tressel echoed the sentiment, praising the administration’s proactive stance on collegiate athletics policy.
“I commend Governor DeWine’s leadership on fairness in college sports,” Tressel said. “It’s important we do not deprive our current student-athletes of the same opportunities enjoyed by their peers.”
Ongoing Legal Challenges
The action follows similar administrative measures taken by DeWine in 2021 and 2024 as collegiate athletics rules underwent major structural changes, including executive directives safeguarding student-athletes’ rights regarding Name, Image, and Likeness (NIL) compensation.
The NCAA’s age-based eligibility caps face mounting legal pressure from student-athletes nationwide, including an ongoing lawsuit filed in Hamilton County, Borovicanin v. National Collegiate Athletic Association.
The executive order takes effect immediately, leaving decisions regarding individual athlete participation to the discretion of each university while litigation remains active.
