The NCAA's Five-Year Eligibility Rule: What Has Changed Since August

Status as of October 8, 2026. The NCAA’s age-based eligibility model is in force in Division I and Division II. The federal injunction that would have given one group of Division I athletes a fifth season in 2026-27 has been stayed (put on hold) since August 21, 2026, while the NCAA’s appeal is pending. The Tenth Circuit hears oral argument on October 13, 2026, and there is no ruling on the merits yet. We will update this post when that changes.

If you read about the NCAA’s new five-year eligibility rule (the so-called “5 in 5” rule) over the summer, several things have moved since early August. This post covers only what changed. For how the rule itself works — when the clock starts, what was eliminated, and who it applies to — see our full guide to age-based eligibility, which we re-verified and corrected on October 8.

The fifth-season injunction is on hold

On July 31, 2026, a federal judge in Colorado, in a case called Wisne v. NCAA, granted a preliminary injunction for a class of athletes who began college competition in the 2022-23 season, competed in NCAA Division I, and completed four seasons under the old rules by the end of 2025-26. Under the NCAA’s transition, athletes who used their final season in 2025-26 get no additional eligibility; the injunction barred the NCAA from stopping class members from playing a fifth season. The judge found the athletes likely to succeed on their federal antitrust claim. That was a preliminary finding, not a final ruling.

The NCAA appealed on August 2 and asked for a stay, meaning a pause of the injunction while the appeal is decided. The district judge denied the stay on August 10. On August 21, a three-judge panel of the U.S. Court of Appeals for the Tenth Circuit granted it, staying the injunction “pending the disposition of this appeal on the merits, or until further order of this court.” One of the three judges would have denied the stay.

What that means today: while the stay is in place, the fifth season the injunction allowed is not in effect.

Oral argument is October 13

The appeal has been fully briefed, and the Tenth Circuit has set oral argument for October 13, 2026. As of October 8 there is no decision on the appeal itself. We won’t guess at the outcome.

Separately, on October 2 the federal Judicial Panel on Multidistrict Litigation declined the NCAA’s request to gather the federal eligibility lawsuits into a single court, calling it “a close question.” Those cases continue in their own courts.

Division II adopted the rule

In August, our guide said Division II’s adoption was not yet confirmed. It now is. The NCAA announced on August 5, 2026 that the Division II Executive Board adopted the age-based model, effective immediately for the 2026-27 academic year. It replaces Division II’s old limit of four seasons within 10 semesters or 15 quarters. The clock starts the same way as in Division I, at the earlier of first full-time enrollment at any college or the academic year after an athlete turns 19.

Division II’s leadership said the change should apply “going forward, and not retroactively.” Athletes whose eligibility ran out under the old rules get no additional eligibility, and those first enrolling full time in fall 2027 or later are under the age-based model only.

Division III has a proposal, not a rule

Division III has not adopted the model. A Division III membership proposal to adopt it, sponsored by the American Rivers Conference and the Ohio Athletic Conference and submitted June 30, 2026, is filed for the 2027 NCAA Convention (January 13–15, 2027). As written, it would apply to students who first enroll full time in 2027-28 or later and would allow no waivers of the five-year period. It has not been voted on.

NAIA has not changed

We found no age-based rule at the NAIA. NAIA’s own page for prospective students still describes four seasons of competition during an athlete’s first 10 semesters. We could not verify an NJCAA position.

The Senate passed a five-year bill

On September 28, 2026, the U.S. Senate passed S. 4668, the Protect College Sports Act of 2026, by a vote of 77-22. As passed by the Senate, it would set a five-year eligibility window in federal law for Division I and Division II, starting at the earlier of the academic year after an athlete’s 19th birthday or initial full-time enrollment. The House received it on October 5. It is not law.

What this means for your family

• The rule itself is settled in Division I and Division II. What is under appeal is whether one group of athletes, those who started college in 2022-23, gets a fifth season.
• For recruits, the age trigger is the part to understand. The NCAA says the rule “does not guarantee five years for all student-athletes, particularly those who delay enrollment.” A gap year, a prep year, or a late start is a real commitment made under the settled part of the rules.
• Get your athlete’s own window confirmed in writing by the NCAA Eligibility Center or a school’s compliance office.
• Re-check after October 13. We will update this post and the guide when the Tenth Circuit acts.

The full guide walks through the clock, the exceptions, the junior-college question, and the questions worth asking coaches.