Ohio governor defies NCAA with order allowing 2022 high school graduates fifth season

Published October 14, 2026 10:54 AM CDT

Jamir Perez #98 of the Ohio State Buckeyes celebrates his fourth quarter touchdown with his teammates during a game against the Kent State Golden Flashes at Ohio Stadium on September 19, 2026 in Columbus, Ohio. (Photo by Ben Jackson/Getty Images)

Ohio Gov. Mike DeWine signed an executive order Tuesday allowing the state’s colleges and universities to let athletes who graduated from high school in 2022 play a fifth season, defying a new NCAA eligibility rule.

What they're saying:

"When the rules change, fairness has to remain part of the equation," DeWine said. "We want Ohio’s student-athletes to have the same opportunity as student-athletes in other states."

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Dig deeper:

The NCAA rule excludes athletes who have already played four seasons. NCAA President Charlie Baker said DeWine "cannot legislate NCAA eligibility rules" and urged Congress to pass the Protect College Sports Act, which would establish rules for college athlete compensation and lawsuits.

The order applies to Ohio’s public and private universities, including Ohio State, Cincinnati and six Mid-American Conference schools. There was no immediate response from the state’s eight Division I programs.

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Big picture view:

The eligibility rule is being challenged in courts nationwide. Athletes argue it unfairly targets players who graduated in 2022 and prevents them from earning money through name, image and likeness deals and new revenue-sharing programs.

A federal judge initially granted those athletes a fifth year of eligibility, but an appeals court blocked the ruling. The case was argued Tuesday before a three-judge panel of the 10th U.S. Circuit Court of Appeals, which questioned whether the athletes had clearly shown the economic harm caused by the rule.

The court has not ruled. The Ohio executive order is expected to lead to more legal challenges as the NCAA and states continue to fight over college sports eligibility.

The Source: The Associated Press contributed to this report. The story is based on statements from Ohio Gov. Mike DeWine and NCAA President Charlie Baker, details from DeWine’s executive order, and reporting on the federal court challenge to the NCAA’s eligibility rule. This story was reported from Los Angeles. 

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