A new bill could change the way New Mexico high school athlete eligibility is handled

A renewed movement is afoot that could create a significant change within the New Mexico Activities Association.

Sen. Antonio “Moe” Maestas, D-Albuquerque, has filed a bill that would take decision-making on the eligibility of high school athletes out of the NMAA’s hands and place it squarely with the Public Education Department.

“If this bill were to become law, the NMAA would be out of the eligibility business,” Maestas said. “They would not have anything whatsoever to do with the eligibility of a certain athlete.”

Maestas’ bill, Senate Bill 141, will require an executive message from Gov. Michelle Lujan Grisham to be heard and possibly voted on during this shortened Legislative session. There are a significant number of legislative hurdles this bill would have to clear before becoming law. Maestas said the odds of it being heard during this 30-day session were slim.

And even if it were to advance, Maestas said it would have to pass two Senate committees and a vote on the Senate floor, then the House Education Committee and a vote on the House floor.

The bill would cover the “eligibility for participation in extracurricular and co-curricular activities and interscholastic competitions,” and that includes athletics.

This is not Maestas’ first attempt to achieve change within the NMAA. Other bills, in 2023 and 2025, died in the Senate Education Committee.

Athlete eligibility issues have frequently been hot-button topics, including the recent case involving Harper Dunn from Corona, whom the NMAA blocked from transferring to Albuquerque Academy.

It was only when it was announced that Corona — a tiny school located 100 miles away — wouldn’t have a girls basketball team this season that the NMAA allowed Dunn to participate at the varsity level at Academy. Until then, it was prepared to allow Dunn to either play junior varsity at Academy, or play varsity immediately at Valley High, the public district where Dunn’s father lives.

“When you get down to it, there’s no governmental interest in denying a student-athlete the ability to play,” Maestas said. He said it shouldn’t matter whether the transfer was from a public to a private school, or vice versa.

The NMAA every school year receives hundreds of requests related to transfers and eligibility.

“The PED is much more accountable and should be making those decisions in the interest of students,” Maestas said.

NMAA Executive Director Dusty Young said he “believes the eligibility bylaws should be created and adopted by our member schools and then enforced by the NMAA staff.”

Should it become necessary, Young said, “If there is any bill heard by the state Legislature that impacts the NMAA, myself and/or other representatives will speak on the association’s behalf.”

Blair Dunn, the father of Harper Dunn and an attorney, said a couple of high-profile athletes are prepared to testify on behalf of this bill in front of New Mexico lawmakers.

Harper Dunn, a 6-foot-6 junior and one of the most recruited girls basketball players in the country — and by far the highest-profile recruit in New Mexico — is one of those athletes. Former St. Pius/Volcano Vista High athlete Diego Pavia — who was second in Heisman Trophy voting after an outstanding season as quarterback at Vanderbilt — is another. He testified last year under similar circumstances, Maestas said.

Pavia himself endured a high-profile transfer drama, when his family wanted to take him out of St. Pius and transfer him to Volcano Vista during the summer of 2018. The NMAA denied this transfer, a decision that Pavia vehemently disagreed with.

Pavia was forced to miss Volcano’s 2018 varsity season. He returned in 2019, and quarterbacked the Hawks to their greatest-ever regular season. Volcano Vista was undefeated that year until losing in the state semifinals to Rio Rancho.

Maestas said the NMAA “does a hell of a job. They’re one of the best high school organizations in the country. But they do a horrible job with eligibility issues. The last five, six years, the NMAA has lost all moral authority with regard to eligibility issues.”

Interestingly, at the NMAA’s December board of directors meeting, there was a brief discussion of updating the NMAA's eligibility bylaws regarding transfers. With other states already having a “one free transfer” rule, Young said to the board, “We need to adapt,” and added that the NMAA staff would likely have a proposal on this to be discussed at the upcoming February board meeting.

“If the NMAA modernized its bylaws and allowed students to play when their parents move, that would be great,” Maestas said. “If they did that five years ago, there would be no need for this bill. If the NMAA is willing to bend a little bit, that would be fantastic.”

James Yodice covers prep sports for the Journal. You can reach him at jyodice@abqjournal.com or via X at @JamesDYodice.