Eligibility for the NBA Draft
Encyclopedia
The NBA Draft
NBA Draft
The NBA Draft is an annual event in which the thirty teams from the National Basketball Association can draft players who are eligible and wish to join the league. These players are usually amateur U.S. college basketball players, but international players are also eligible to be drafted...

, the annual event in which the 30 franchises in the National Basketball Association
National Basketball Association
The National Basketball Association is the pre-eminent men's professional basketball league in North America. It consists of thirty franchised member clubs, of which twenty-nine are located in the United States and one in Canada...

 select new players for their teams
Draft (sports)
A draft is a process used in the United States, Canada, Japan, Australia, Russia and the Philippines to allocate certain players to sports teams. In a draft, teams take turns selecting from a pool of eligible players...

, has distinctive eligibility rules, which have changed several times during the history of the league.

Early history

In the earliest days of the NBA, three players entered the NBA without having played in college (although one of them did not enter the league until he was 27 years old). However, the league eventually established a rule that "a player could not make himself available" for the draft until four years after his high school graduation. (Although educational systems in countries outside the US sometimes differ dramatically from the American model, and the system of developing young athletes is radically different in most of the rest of the world, this was not an issue in the early decades of the NBA.)

Haywood v. NBA

The first major challenge to the NBA's eligibility rules came from Spencer Haywood
Spencer Haywood
Spencer Haywood is a retired American professional basketball player.- High school :In 1964, Haywood moved to Detroit, Michigan, where he attended Pershing High School...

. He graduated from high school in 1967, at a time when college freshmen were not allowed to play varsity sports for NCAA
National Collegiate Athletic Association
The National Collegiate Athletic Association is a semi-voluntary association of 1,281 institutions, conferences, organizations and individuals that organizes the athletic programs of many colleges and universities in the United States...

 member schools. He played one year at a Colorado
Colorado
Colorado is a U.S. state that encompasses much of the Rocky Mountains as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains...

 junior college
Junior college
The term junior college refers to different educational institutions in different countries.-India:In India, most states provide schooling through 12th grade...

, followed by a season at the University of Detroit
Detroit Titans men's basketball
The Detroit Titans team is the basketball team that represents the University of Detroit Mercy in Detroit, Michigan, USA. The school's team currently competes in the Horizon League. The team last played in the NCAA Division I Men's Basketball Tournament in 1999...

. After the 1968-69 season, he left college for the NBA's rival at the time, the American Basketball Association
American Basketball Association
The American Basketball Association was a professional basketball league founded in 1967. The ABA ceased to exist with the ABA–NBA merger in 1976.-League history:...

, which had no rule restricting college underclassmen from entering the league, and had a spectacularly successful rookie season with the Denver Rockets (the predecessor to today's Denver Nuggets
Denver Nuggets
The Denver Nuggets are a professional basketball team based in Denver, Colorado. They play in the National Basketball Association . They were founded as the Denver Rockets in 1967 as a charter franchise of the American Basketball Association, and became one of that league's more successful teams...

), being named the ABA's Rookie of the Year and MVP. Near the end of the season, he turned 21; shortly after its end, he repudiated his contract with the Rockets, claiming he had been defrauded
Fraud
In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...

. Haywood then signed a contract with the Seattle SuperSonics
Seattle SuperSonics
The Seattle SuperSonics were an American professional basketball team based in Seattle, Washington that played in the Pacific and Northwest Divisions of the National Basketball Association from 1967 until 2008. Following the 2007–08 season, the team relocated to Oklahoma City, and now plays as...

, which put him and the Sonics on a collision course with the NBA, as he was only three years removed from his high school graduation.

The NBA threatened to disallow the contract and impose sanctions against the Sonics. Haywood responded by filing an antitrust
Sherman Antitrust Act
The Sherman Antitrust Act requires the United States federal government to investigate and pursue trusts, companies, and organizations suspected of violating the Act. It was the first Federal statute to limit cartels and monopolies, and today still forms the basis for most antitrust litigation by...

 suit
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...

 against the league, seeking an injunction
Injunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...

 to prevent the NBA from disallowing the contract or punishing the Sonics. The case eventually reached the U.S. Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...

, which issued a 7–2 decision in Haywood's favor in 1971.

After the decision, the NBA allowed players to leave college early as "hardship cases", which essentially meant that they had to prove financial hardship. This rule quickly developed into one that was observed in the breach, with Sport magazine writer Jackie Lapin commenting in the 1970s that "Almost anyone who has been any good at the game in the past decade would qualify [as a hardship case] — with the probable exception of Bill Bradley
Bill Bradley
William Warren "Bill" Bradley is an American hall of fame basketball player, Rhodes scholar, and former three-term Democratic U.S. Senator from New Jersey. He ran unsuccessfully for the Democratic Party's nomination for President in the 2000 election.Bradley was born and raised in a suburb of St....

, the banker's son."

Later history

Within a few years of the Haywood decision, three high schoolers chose to enter the professional ranks without ever enrolling in a college. The first was Moses Malone
Moses Malone
Moses Eugene Malone is a retired American Hall of Fame basketball player who starred in both the American Basketball Association and the National Basketball Association...

, who went to the ABA upon his high school graduation in 1974, almost immediately establishing himself as a star of the future. After the ABA-NBA merger
ABA-NBA merger
The ABA–NBA merger was the merger of the American Basketball Association with the National Basketball Association, which after multiple attempts over several years finally occurred in 1976.- Origins of ABA-NBA competition :...

 in 1976, his career continued on its upward trajectory, ultimately earning him three NBA MVP
NBA Most Valuable Player Award
The National Basketball Association Most Valuable Player is an annual National Basketball Association award given since the 1955–56 NBA season. The winner receives the Maurice Podoloff Trophy, which is named in honor of the first commissioner of the NBA who served from 1946 until his retirement...

 awards, four appearances on the All-NBA First Team
All-NBA Team
The All-NBA Team is an annual National Basketball Association honor bestowed on the best players in the league following every NBA season. The voting is conducted by a panel of sportswriters and broadcasters throughout the United States and Canada. The team has been selected in every season of the...

, 12 consecutive NBA All-Star Game appearances, an NBA title
1983 NBA Finals
The 1983 NBA World Championship Series was the championship round of the 1982–83 NBA season.-Overview:The final piece of the Philadelphia 76ers' championship puzzle was completed before the 1982-83 season when they acquired center Moses Malone from the Houston Rockets...

, a place among the 50 Greatest Players in NBA History, and enshrinement in the Naismith Memorial Basketball Hall of Fame. In 1975
1975 NBA Draft
The 1975 NBA Draft was the 29th annual draft of the National Basketball Association . The draft was held on May 29, 1975 before the 1975–76 season. In this draft, 18 NBA teams took turns selecting amateur U.S. college basketball players and other eligible players, including international players...

, Darryl Dawkins
Darryl Dawkins
Darryl Dawkins is a retired American professional basketball player, most noted for his days with the NBA's Philadelphia 76ers and New Jersey Nets, although he also played briefly for the Detroit Pistons and Utah Jazz late in his career...

 and Bill Willoughby
Bill Willoughby
William 'Poodle' Wesley Willoughby is a retired American professional basketball player. After graduating from Dwight Morrow High School in Englewood, he was selected by the Atlanta Hawks in the 1975 NBA Draft as the first pick in the second round , bypassing college for a chance to play...

 both went to the NBA from high school. Dawkins had a solid 14-year career in the NBA, while Willoughby was no more than a journeyman in eight NBA seasons.

These players were greatly outnumbered by college underclassmen who chose to leave early for the NBA. While underclass draftees are too numerous to list, it can be noted that among the aforementioned 50 Greatest Players, 10 (not including Malone) left college early for the NBA.

After Dawkins and Willoughby, no high school player went directly to the NBA for 20 years, although Lloyd Daniels
Lloyd Daniels
Lloyd Daniels is a retired American professional and semi-professional basketball player.The 6'7" shooting guard was one of the most sought-after recruits in the nation during the 1986-87 recruiting cycle. At the time, he was considered the most talented player from New York City since Kareem...

 and Shawn Kemp
Shawn Kemp
Shawn T. Kemp is a former American professional basketball player, who played in the National Basketball Association for 14 seasons. He was a six-time NBA All-Star and a three-time All-NBA Second Team member.-Early years:...

 went to the NBA without having played college basketball (both had enrolled in college, but never played). That would change in 1995
1995 NBA Draft
The 1995 NBA Draft took place on June 28, 1995 at SkyDome in Toronto, Ontario, Canada. It marked the first NBA draft for the two Canadian expansion teams, Toronto Raptors and Vancouver Grizzlies...

 with the arrival of future NBA MVP Kevin Garnett
Kevin Garnett
Kevin Maurice Garnett is an American professional basketball player who currently plays power forward for the Boston Celtics of the National Basketball Association . After a high school basketball career at Farragut Career Academy which included winning a national player of the year award, he...

, who was selected fifth overall. The following year
1996 NBA Draft
The 1996 NBA Draft was the 50th draft in the National Basketball Association . It was held on June 26, 1996 in East Rutherford, New Jersey. The draft was broadcast in the United States on the Turner Network Television...

, another future MVP in Kobe Bryant
Kobe Bryant
Kobe Bean Bryant is an American professional basketball player who plays shooting guard for the Los Angeles Lakers of the National Basketball Association . Bryant enjoyed a successful high school basketball career at Lower Merion High School, where he was recognized as the top high school...

 and a future All-Star in Jermaine O'Neal
Jermaine O'Neal
Jermaine Lee O'Neal is an American professional basketball player for the Boston Celtics. The 6 ft 11 in , 255 lb forward-center had a successful high school career and declared his eligibility for the 1996 NBA Draft straight out of high school...

 were first-round picks out of high school. Most years after that saw at least one, and often more, high-schoolers drafted, most notably Tracy McGrady
Tracy McGrady
Tracy Lamar McGrady, Jr., is an American professional basketball player who last played for the Detroit Pistons.Entering the league after graduating from high school, McGrady eventually became a seven-time All-Star. He led the league in scoring in 2003 and 2004. He has also played for the Toronto...

 (1997
1997 NBA Draft
The 1997 NBA Draft took place on June 25, 1997 in Charlotte, North Carolina. Although the Celtics had the second worst record in the 1996-97 season and the best odds of winning the lottery with two picks, the Spurs, usually a model of winning and consistency, lost David Robinson to an injury early...

), Kwame Brown
Kwame Brown
Kwame James Brown is an American professional basketball player who last played for the Charlotte Bobcats. The , center was the 1st overall pick in the 2001 NBA Draft by the Washington Wizards, and was the first number one draft pick to be selected straight out of high school...

 (the first high-schooler to be the #1 overall pick, in 2001
2001 NBA Draft
The 2001 NBA Draft took place on June 27, 2001 in New York City, New York. Kwame Brown became the first high school player drafted with the first overall pick...

), Amar'e Stoudemire (2002
2002 NBA Draft
The 2002 NBA Draft was held on June 26, 2002 at The Theater at Madison Square Garden in New York City, New York. In this draft, National Basketball Association teams took turns selecting 57 amateur college basketball players and other first-time eligible players, such as players from non-North...

), future MVP LeBron James
LeBron James
LeBron Raymone James is an American professional basketball player for the Miami Heat of the National Basketball Association . Nicknamed "King James", he was a three-time "Mr. Basketball" of Ohio in high school, and was highly promoted in the national media as a future NBA superstar while a...

 (#1 in 2003
2003 NBA Draft
The 2003 NBA Draft was held on June 26, 2003 at The Theater at Madison Square Garden in New York City, New York. In this draft, National Basketball Association teams took turns selecting basketball players and other first-time eligible players, such as players from high schools and...

), and Dwight Howard
Dwight Howard
Dwight David Howard is an American basketball player for the Orlando Magic of the National Basketball Association . Howard, who usually plays center but can also play power forward, had an outstanding high school career at Southwest Atlanta Christian Academy...

 (#1 in 2004
2004 NBA Draft
The 2004 NBA Draft was held on June 24, 2004 at The Theater at Madison Square Garden in New York City, New York and was broadcast live on ESPN at 7:00 pm . In this draft, National Basketball Association teams took turns selecting amateur college basketball players and other first-time eligible...

).

However, the influx of high-schoolers caused considerable controversy. When the NBA and its players union
National Basketball Players Association
The National Basketball Players Association is a trade association that represents basketball players in the National Basketball Association . It was previously a labor union before dissolving during the 2011 NBA lockout. It was founded in 1954, making it the oldest trade union of the four major...

 negotiated a new collective bargaining agreement (CBA) in 2005, NBA Commissioner David Stern
David Stern
David Joel Stern is the commissioner of the National Basketball Association. He started with the Association in 1966 as an outside counsel, joined the NBA in 1978 as General Counsel, and became the league's Executive Vice President in 1980. He became Commissioner in 1984 succeeding Larry O'Brien...

 publicly called for a lower age limit of 20, stating that he wanted the league's scouts and general managers out of high school gyms and that too many young urban Americans incorrectly saw the NBA as a sure path to fame and financial security. Most of the players were opposed to an age limit; Jermaine O'Neal was perhaps the most strident critic, accusing the NBA of racism. Ultimately, the union reluctantly agreed to an age limit of 19, accepting it in exchange for tweaks to salary cap
NBA Salary Cap
The NBA salary cap is the limit to the total amount of money that National Basketball Association teams are allowed to pay their players. This limit is subject to a complex system of rules and exceptions and as such is considered a "soft" cap....

 rules that were favorable to the players' interests.

Current rules

The most recent CBA took effect with the 2005–06 season, and the first draft conducted under its provisions was the 2006 draft
2006 NBA Draft
The 2006 NBA Draft was held on June 28, 2006 at the Theatre at Madison Square Garden in New York City and was broadcast in the United States on ESPN. In this draft, National Basketball Association teams took turns selecting amateur U.S. college basketball players and other eligible players,...

. The basic rules are:
  • All drafted players must be at least 19 years old during the calendar year of the draft. To determine whether a player is eligible for a given year's draft, subtract 19 from the year of the draft. If the player was born during or before that year, he is eligible.
  • Any player who is not an "international player", as defined in the CBA, must be at least one year removed from the graduation of his high school class.


The "one year out of high school" requirement is in addition to the age requirement. For example, although O. J. Mayo
O. J. Mayo
Ovinton J'Anthony "O. J." Mayo , is an American basketball player currently playing with the Memphis Grizzlies of the NBA. He signed with the team on July 8, 2008. He played college basketball for the University of Southern California...

 turned 19 in November 2006, six months before his high school graduation, he was not eligible until the 2008 draft
2008 NBA Draft
The 2008 NBA Draft was held on June 26, 2008 at the Washington Mutual Theatre at Madison Square Garden in New York City, New York. In this draft, National Basketball Association teams took turns selecting amateur college basketball players and other first-time eligible players, including...

, a year after his high school class graduated.

These rules run all the way through the 2010-2011 season and the NBA has the option to extend these draft rules for the 2011-2012 season.

Automatic eligibility

Players whose 19th birthday falls during or before the calendar year of the draft, are at least one year removed from the graduation of their high school class, and who do not meet the criteria for "international" players are automatically eligible if they meet any of the following criteria:
  • They have completed 4 years of their college eligibility.
  • If they graduated from high school in the U.S., but did not enroll in a U.S. college or university, four years have passed since their high school class graduated.
  • If they did not graduate from high school in the U.S., four years have passed since their high school class graduated.
  • They have signed a contract with a professional basketball team outside of the NBA, anywhere in the world, and have played under that contract.


Those who have reached the minimum eligibility age of 19 and meet the criteria for "international" players are automatically eligible if they meet any of the following criteria:
  • They are least 22 during the calendar year of the draft.
  • They have signed a contract with a professional basketball team outside of the NBA within the United States, and have played under that contract.

"Early entry" player

Players who are not automatically eligible, but wish to be drafted, must declare their eligibility no later than 60 days before the draft. After this date, "early entry" players may attend NBA pre-draft camps and individual team workouts to show off their skills and obtain feedback regarding their draft positions. Under the CBA, a player may withdraw his name from consideration from the draft at any time before the final declaration date, which is 10 days before the draft. However, the NCAA adopted a rule that took effect in August 2009 that requires players at its member institutions to withdraw no later than May 8 to retain their college eligibility; the first draft affected by this rule was the 2010 draft
2010 NBA Draft
The 2010 NBA Draft was held on June 24, 2010 at the Theatre at Madison Square Garden in New York City, New York. The draft, which started at 7:00 pm Eastern Daylight Time , was broadcast in the United States on ESPN. In this draft, National Basketball Association teams took turns selecting amateur...

. A player who declares for the draft will lose his college eligibility, even if he is not drafted, if any of the following is true:
  • The player signs with an agent
    Sports agent
    A sports agent procures and negotiates employment and endorsement contracts for an athlete.In return, the sports agent generally receives between 4 and 10% of the athlete's playing contract, and 10 to 20% of the athlete's endorsement contract, though these figures vary...

    .
  • The player has declared for and withdrawn from a previous draft. Although the NBA collective bargaining agreement allows a player to withdraw twice, the NCAA only allows a player to enter the draft once without losing eligibility.

Definition of "international players"

The CBA defines "international players" for draft purposes as those who meet all of the following criteria:
  • Permanently reside outside of the U.S. for at least three years before the draft while playing basketball outside of the U.S.
  • Have never enrolled in a U.S. college or university.
  • Did not complete high school in the U.S.


Note that this definition is very different from what the NBA uses in listing "international players" on its team rosters. For that purpose, the league defines an "international player" specifically as one born outside the 50 United States
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...

 or the District of Columbia
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....

.

Reaction of high school players

In the third annual High School Hoops magazine, the players weighed in on the subject of the new rules regarding draft eligibility. Many of them felt that it was unfair. Kansas State freshman Bill Walker
Bill Walker (basketball)
William "Bill" Henry Walker is an American professional basketball player with the New York Knicks of the National Basketball Association...

, said (as a junior in high school), "I’m against it. I don’t see why you have to be 19 to play a game of basketball when you can be 18 and go to war for our country and die. It’s ridiculous." Jerryd Bayless
Jerryd Bayless
Jerryd Bayless is an American basketball player for the Toronto Raptors. He played a year of college basketball for the Arizona Wildcats after playing high school basketball at St. Mary's High School in Phoenix, where he scored a career high of 52 points in a loss to eventual state champions,...

 said "It’s not fair at all. If a tennis player can go pro at 13, I don’t understand why a basketball player can’t go pro at 18." The hands down number one pick, had the rule not been put in place, was Greg Oden
Greg Oden
Gregory Wayne Oden, Jr. is an American basketball player at the center position. Oden is a member of the Portland Trail Blazers of the NBA....

. When asked about the agreement he said "It’s unfair, but it’s over with now, so there’s no reason to complain." In spite of the claims that the rule is unfair, Wayne Ellington
Wayne Ellington
Wayne Robert Ellington Jr. , is an American basketball player who was drafted 28th overall in the 2009 NBA Draft by the Minnesota Timberwolves of the National Basketball Association...

 of North Carolina, said that "…I also think it’s going to help the league a little bit. Some guys who come in, like from this year’s draft, it will help." Brandan Wright
Brandan Wright
Brandan Keith Wright is an American professional basketball player who last played for the New Jersey Nets of the National Basketball Association . Growing up in Tennessee, Wright fast became a standout at his high school Brentwood Academy, earning an unprecedented three "Mr. Basketball" titles, a...

said that "It may hurt guys who need money, but it will help people grow and develop."

On the specific topic of Oden entering the draft, Jack Keefer, Oden’s high school coach at Lawrence North, Indiana, said, "I really think he thought he was going to college. He seems to be more at ease with himself right now. I think the stress came with worrying about the NBA."
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