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# Bill in Congress would help SD keep more of its top college athletes
- URL: https://www.sdnewswatch.org/south-dakota-sdsu-jackrabbits-usd-coyotes-protect-college-sports-athletes/
- Published: 2026-09-09T09:00:03.000Z
- Updated: 2026-09-09T09:00:02.000Z
- Description: Tumultuous regulation changes in recent years have set the stage for legislation that could stabilize the national landscape of college sports.
- Author: Emily DeCock
- Tags: News/Investigations

South Dakota's two public Division I universities would see less student athlete turnover to other schools if pending legislation in the U.S. Senate is ultimately signed into law, according to the schools' athletic directors.

While the focus is on elite programs, the measure, called the Protect College Sports Act, would change athletics at all levels of competition. And though football has the biggest budget and largest roster, every sport at the University of South Dakota and South Dakota State University would be impacted.

[The PCSA legislation](https://www.commerce.senate.gov/protect-college-sports-act/?ref=sdnewswatch.org) aims to prioritize the overall success of student-athletes, in the classroom and while competing. One way it would do that is by stopping unlimited transferring, though the outcome of the legislation is far from decided. 

![Dana J. Dykhouse Stadium in Brookings, S.D. (left), and the DakotaDome in Vermillion, S.D.](https://storage.ghost.io/c/cb/ab/cbabab5e-2dc6-462c-94a0-b72956c0d224/content/images/2026/09/Untitled-design-1-1.png)

Dana J. Dykhouse Stadium in Brookings, S.D. (left), and the DakotaDome in Vermillion, S.D. (right). (Photos: SDSU Athletics and USD Athletics)

“Mainly just so it's not just free agency every year, nonstop. So your head's just always on a swivel,” said University of South Dakota Athletic Director Jon Schemmel.

Members of Congress who support it said the current situation creates instability and harms student-athletes.

South Dakota Republican U.S. Sen. John Thune – as Senate majority leader – has scheduled discussion on the Protect College Sports Act for when Congress reconvenes on Sept. 14\. 

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The bipartisan measure passed through the Senate Committee on Commerce, Science and Transportation with a 19-9 vote on June 18\. The bill will need to receive 60 votes of support before it can head to the House of Representatives, where it also must pass. 

Republican U.S. Sen. Ted Cruz of Texas and Democrat U.S. Sen. Maria Cantwell of Washington are prime sponsors.

“We agree today that college athletics are in crisis, and we agree that the system is broken and unsustainable,” Cantwell said in the committee’s opening statement on June 3\. “Universities, athletes and fans are pleading with us to do something about this issue.”

## Legislation aims to help athletes

The one-time transfer rule is a key element in the legislation, said Justin Sell, South Dakota State University athletic director. As a mid-major school, SDSU is a developmental school, so keeping rosters together is a major point of focus. Limiting transfers to one-time would slow down the process of roster turnover.

"We built ourselves on kids pursuing a degree, our ability to have them in our program for four or five years, and success at our level comes when you get old," Sell said. "You win more games with juniors and seniors."

![](https://storage.ghost.io/c/cb/ab/cbabab5e-2dc6-462c-94a0-b72956c0d224/content/images/2026/09/jsell-1.jpeg)

Justin Sell, SDSU athletic director.

Graduation rates are also higher for students who don't transfer more than once, Sell said.

Another aspect of the PCSA is the proposed age-based eligibility model. That would give athletes five years of eligibility, starting freshman year of college or when they turn 19, whichever comes first.

After eligibility rules changed near the COVID-19 pandemic, athletes were given an extra year of eligibility. That stunted the high school market, Sell said.

"You have 26-year-olds, or people playing for six and seven years. There's less spots available because people are holding onto them way longer," Sell said.

## Changes led to instability

South Dakota State University in Brookings and the University of South Dakota in Vermillion transitioned from Division II to DI in 2008 and 2012, respectively.

They've been getting their footing as DI programs while the landscape has been changing under them. For example, NCAA transfer portal rules have changed multiple times since SDSU and USD transitioned to DI.

The portal launched in 2018 and made it easier for athletes to transfer to another school. However, student-athletes in football, men's basketball, women's basketball, baseball and men's ice hockey still could not transfer without sitting out a year in eligibility.

In 2021, rules changed again. The NCAA said athletes in those five sports could transfer one time and play immediately.

![](https://storage.ghost.io/c/cb/ab/cbabab5e-2dc6-462c-94a0-b72956c0d224/content/images/2026/09/danna.webp)

Dana J. Dykhouse opened in 2016 and has over 19,000 seats. (Photo: SDSU Athletics)

Also in 2021, rules surrounding name, image and likeness (NIL) changed to allow athletes to be paid. Plus, athletes that were enrolled in the 2020-2021 year got an extra year of eligibility after the COVID-19 pandemic.

"And it was the combination of those three things (that) ended up kind of making it unwieldy. That's probably why we're in the position we are today," Sell said.

Rules changed again in 2024, when the NCAA approved a new transfer rule that allowed athletes to transfer as many times as they want while maintaining immediate eligibility.

![](https://storage.ghost.io/c/cb/ab/cbabab5e-2dc6-462c-94a0-b72956c0d224/content/images/2026/09/Jon_Schemmel-1.jpeg)

Jon Schemmel, USD athletic director.

Sell said that in the Summit League, almost the entire first and second team all-conference men's basketball student-athletes have left.

Schemmel said men's basketball has seen the most turnover nationwide since unlimited transfers have become the rule.

Nationally, 2,605 of the roughly 5,500 DI men’s basketball players – almost half – entered the transfer portal in the 2025-2026 season, according to reporting by [USA Today](https://www.usatoday.com/story/sports/ncaab/2026/04/23/college-basketball-transfer-portal-how-many-players-entered-what-numbers-reveal-ncaa-mens-womens/89744224007/?ref=sdnewswatch.org). 

![](https://storage.ghost.io/c/cb/ab/cbabab5e-2dc6-462c-94a0-b72956c0d224/content/images/2026/09/usd-basketball.jpeg)

The Sanford Coyote Sports Center. (Photo: USD Athletics)

“I think implementing a rule that would allow one free transfer would certainly be something we are in favor with, and the Protect College Sports Act would be a huge help in that,” Schemmel said.

## Sports landscape, other reasons students stay

While the state’s two Division I athletic programs at USD and SDSU would be impacted the most, other South Dakota institutions also would feel the trickle-down effects if the wide-ranging legislation is passed.

All other Board of Regents schools are Division II, with Dakota State University in Madison as the exception. DSU competes in the National Association of Intercollegiate Athletics (NAIA), along with Dakota Wesleyan University in Mitchell and Mount Marty University in Yankton. In Sioux Falls, Augustana University and the University of Sioux Falls are both DII, though Augustana's men's hockey team is DI.

Both Sell and Schemmel said the benefits of playing for a smaller DI school is attractive to many student athletes.

Sell said many exceptional student athletes have turned down large sums of money to stay at SDSU because of the facilities, community and academic benefits of a smaller school.

"Let's just say a student athlete gets offered $100,000, and they're really good. You know, all league, MVP type person. Generally, if we can put a package together where we help them with $20,000, they'll stay because fans show up, they're connected. They've got great facilities, they can win championships, they love their professors on campus. They're happy with their major. They can graduate on time."

"I think the misnomer is it's always all about the money," Sell said. "We've had so many student athletes turn down a lot more money or just turned it down completely just to stay here because of the experiences they're having."

![South Dakota State defensive players celebrate a fumble recovery](https://storage.ghost.io/c/cb/ab/cbabab5e-2dc6-462c-94a0-b72956c0d224/content/images/2026/09/20260829-1947.jpg)

South Dakota State defensive players celebrate a fumble recovery by linebacker Chase Van Tol (28) in the first half of action Aug. 29 versus Stetson. (Photo: Dave Eggen/Inertia Sports Media)

Schemmel also said there's more to why a student might stay or leave than money.

“Ultimately, there are several (student-athletes) that are going to have the opportunity to go make hundreds of thousands, or maybe even millions of dollars, and some of those kids are going to take that money and that opportunity, and others are going to stay,” Schemmel said. “That doesn't make them wrong or right. Everyone has to make their own decision.”

“We're not going to be this professional outfit that's paying kids millions of dollars. That's just not us. And I'm proud that it's not us. I like where we sit in all this.”

## So far this year

SDSU lost 38-18 to Northwestern in Evanston, Illinois, on Saturday. SDSU routed the Stetson Hatters 70-7 in the Jackrabbits' season opener in Brookings.

USD beat the Northern Colorado Bears on Saturday in Greeley, Colorado, 38-23\. Freshman quarterback Austyn Modrzewski threw for two touchdowns and 178 yards.

The Coyotes are now 2-0 on the season after beating the Central Connecticut Blue Devils 59-20 on their home turf Aug. 29.

In that game, Modrzewski threw six touchdown passes and tacked on a rushing touchdown, setting the record for single-game touchdown passes.

![](https://storage.ghost.io/c/cb/ab/cbabab5e-2dc6-462c-94a0-b72956c0d224/content/images/2026/09/Austyn--1.jpeg)

USD Quarterback Austyn Modrzewski (#1) on his TD run in the first quarter against Central Connecticut State University on Aug. 29, 2026 in the DakotaDome in Vermillion. (Photo: Adam Pearson/USD Athletics)

“You know, if he throws six touchdowns and runs for one a game, then absolutely, there's going to be a lot of people that are interested in his services,” Schemmel said. “But it doesn't automatically mean that he's going to leave either, and I think we've seen that at both schools with the tremendous young men that have made hard decisions to stay.”

As for the Protect College Sports Act, Schemmel said he appreciates Sen. Thune’s support of the bill.

“We're fully behind it, as I think South Dakota State is,” he said. “We'll see where it goes.”

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