14 Del. Admin. Code § 1009-2.0 - Eligibility: No Student Shall Represent a School in an Interscholastic Scrimmage or Contest if the Student Does Not Meet the Following Requirements
2.1 Eligibility, Age
2.1.1 Students who become 19 years of age on
or after June 15 immediately preceding the student's year of participation
shall be eligible for all sports provided all other eligibility requirements
are met. In determining the age of a contestant, the birth date as entered on
the birth record of the Bureau of Vital Statistics shall be required and shall
be so certified on all eligibility lists.
2.1.1.1 Requests for a waiver of the age
requirement shall only be considered for participation on an unofficial,
nonscoring basis in noncontact or non collision sports.
2.2 Eligibility, Residence
2.2.1 With the exception of boarding school
students, a student must be living with the student's custodial parents, legal
guardians, or Relative Caregiver in the attendance zone of the school which the
student attends, or be a student 18 years of age or older and living in the
attendance zone of the school which the student attends (subsection 2.2.1.7) in
order to be eligible for interscholastic athletics in that school. In cases of
joint custody, the custodial parent shall be the parent with actual physical
placement as determined by court. In the case of shared placement or where
residential placement has not been determined by a court, the parents must
commit to sending the student to a particular school for the year. Maintaining
multiple residences in order to circumvent this requirement shall render the
student ineligible.
2.2.1.1 A student who,
pursuant to established school board policy or administrative procedure,
remains in a school the student has been attending after their legal residence
changes to the attendance zone of a different school in the same school
district, may exercise, prior to the first official student day of the
subsequent academic year, a one-time election to remain at their current school
and thereby not lose athletic eligibility. If a student chooses to remain at
their current school and then transfers to the school in a new attendance zone
on or after the first official student day of the subsequent academic year, the
student shall be ineligible under subsection 2.3.
2.2.1.2 A student who changes residence to a
different attendance zone after the start of the last marking period and,
pursuant to established school board policy or administrative procedure, shall
be granted permission to continue attending their present school. The student
shall retain their athletic eligibility in that school for the remainder of the
school year provided all other eligibility requirements are met.
2.2.1.3 A student shall be permitted to
complete their senior year at the school the student is attending and remain
eligible even though a change of legal residence to the attendance zone of
another school has occurred. This provision shall apply to any change of legal
residence that occurs after the completion of the student's junior
year.
2.2.1.4 A student may be
residing outside of the attendance zone of the school which the student attends
if the student is participating in the School District Enrollment Choice
Program as authorized by 14 Del.C. Ch. 4.
2.2.1.5 A student who is a nonresident of
Delaware may be eligible if the student's custodial parent or legal guardian is
employed full-time by a public school district in Delaware and the student
attends school in the district in accordance with 14 Del.C. §
607.
2.2.1.6 Notwithstanding subsection 2.2.1, a
student shall be eligible at a public or career technical school if the student
is enrolled in accordance with 14 Del.C. §
202(f), the
Caregivers School Authorization.
2.2.1.6.1 An
exception would be a student whose Relative Caregiver does not provide the
documentation required by the Relative Caregiver School Authorization (proof of
relation and proof of full-time care) but is permitted to register on the basis
of a petition for the transfer of guardianship. A student who registers on the
basis of a petition for the transfer of guardianship is not eligible to
scrimmage or compete until the Relative Caregiver has provided the
aforementioned required documentation or has received a signed court order
designating the Relative Caregiver as the student's legal guardian.
2.2.1.7 A student who reaches the
age of majority (18) and leaves their parents' place of residency and
jurisdiction thereof, and moves to another attendance zone to continue their
high school education shall be ineligible to participate in athletics for 180
school days commencing with the first day of official attendance on or after
their 18th birthday. This provision shall not apply to a student participating
in the School District Enrollment Choice Program, as authorized by 14 Del.C.
Ch. 4, provided the student's choice application was properly submitted prior
to a change of residence.
2.2.1.8
Notwithstanding subsection 2.2.1, a student who is homeless as defined in the
McKinney-Vento Education for Homeless Children and Youths Act,
42 U.S.C. §
11434a(2) shall be eligible
to participate at the public school in which the student is enrolled.
2.2.1.9 For purposes of eligibility, a
student who is placed within the custody of the Department of Services for
Children, Youth and Their Families (DSCYF) is eligible to participate in
interscholastic athletics immediately at the school the student
attends.
2.3
Eligibility, Transfers
2.3.1 Purpose
The intent of the High School Transfer Rule is to deter students from transferring schools for athletic purposes, to help discourage recruitment, and to reduce the opportunity for undue influence to be exerted by persons who seek to benefit from a student's athletic talent. DIAA recognizes that, because of the number of transfers that occur each year, it is difficult to carry out that intent if an individualized determination is required for all students who transfer schools. The exceptions in subsection 2.3.4 of this regulation involve circumstances in which establishing a hardship for eligibility purposes is not required; strict enforcement of the rule will not serve to accomplish the purpose of the rule; the spirit of the rule will not be offended or compromised; the principle of educational balance over athletics will not be offended or compromised; and there is no safety risk to teammates or competitors.
2.3.2
Definitions:
The following words and terms, when used in this regulation, shall have the following meaning:
"First year of eligibility" means the school year during which a student first becomes eligible for and participates in high school interscholastic athletics and ending on the day prior to the first day of school of the student's second year of eligibility.
"One school year" means the number school attendance days or required hours in a school year as adopted by the student's district or school (i.e. 180 attendance days).
"Previous participation" means having participated in interscholastic athletics at the high school level, including eighth grade students pursuant to 14 DE Admin. Code 1009, subsection 2.6.3 and students enrolled in grades 9 through 12.
"Receiving school" means the school a student transfers to after leaving their previous school.
"Second year of high school eligibility" means the next school year after a student first becomes eligible for and participates in high school interscholastic athletics and includes sophomores, repeating freshmen, and freshmen who participated during the eighth grade.
"Sending School" means the school a student transfers from to go to a different school.
"Transfer" means the student has officially withdrawn from the sending school and has officially enrolled in the receiving school in accordance with the receiving school's established registration process.
2.3.3 High School Transfer Rule.
Unless one of the exceptions found in subsection 2.3.4 of this regulation applies, a student who has previously participated in interscholastic athletics that transfers to a DIAA Member School shall be ineligible in all sports that the student previously participated in during the preceding 180 school days. The period of ineligibility shall be one school year commencing with the first day of official attendance in the receiving school. The period of ineligibility shall continue to the next grade/school year, if necessary, until the total number of school days in the school year has passed.
2.3.4 Exceptions to
the High School Transfer Rule
2.3.4.1 A
student, the student's family, and the student's receiving school are not
required to submit a waiver request and establish the conditions for granting a
waiver set forth in 14 DE Admin. Code 1020, including hardship, and the period
of ineligibility shall not apply if the student meets one of the following
exceptions and the student's transfer was not for athletic advantage as
provided in subsection 2.3.6 of this regulation:
2.3.4.1.1 McKinney-Vento Act (Homeless
Students) - The period of ineligibility shall not apply if the transfer is the
result of the student becoming homeless as defined in the McKinney-Vento
Education for Homeless Children and Youths Act,
42 U.S.C. §
11434a(2).
2.3.4.1.2 Transfer Because of Promotion or
Administrative Assignment - Transfer because of promotion or administrative
assignment to the ninth grade from a school whose terminal point is the eighth
grade, or to the tenth grade from a junior high school whose terminal point is
the ninth grade, shall not constitute a transfer. Students so promoted or
administratively assigned shall be eligible.
2.3.4.1.3 No previous interscholastic
athletic participation - A student who has not previously participated in
interscholastic athletics, is released by a proper school authority from a
sending school, has completed the registration process at the receiving school,
and is pursuing an approved course of study shall be eligible immediately upon
registration provided the student meets all other DIAA eligibility
requirements.
2.3.4.1.4 Previous
interscholastic athletic participation - A student who has previously
participated in interscholastic athletics may transfer one time during their
first or second year of eligibility at the high school level without loss of
athletic eligibility provided that the student meets all other eligibility
requirements, including subsection 2.3.7 of this regulation.
2.3.4.1.4.1 Students shall not participate in
a contest at the varsity level for two different schools in the same sport
during the same school year unless one of the other exceptions in subsection
2.3.4 of this regulation applies.
2.3.4.1.4.2 A student who has previously
participated in interscholastic athletics and transfers more than one time
during their first or second year of eligibility at the high school level,
shall be ineligible in any sport for a period of 90 school days commencing with
the first day of official attendance in the receiving school unless one of the
other exceptions in subsection 2.3.4 of this regulation applies. The period of
ineligibility shall continue to the next grade/school year until 90 school days
have passed.
2.3.4.1.5 No
Participation in a Sport within the Preceding 180 School Days - A student who
previously participated in interscholastic athletics but did not participate in
a sport within the preceding 180 school days and was eligible by both DIAA and
local school rules to do so during the previous school year shall be eligible
to participate in that sport at the receiving school.
2.3.4.1.6 Transfer to School of Residence - A
student may transfer to their school of residence, which is based on the legal
address of the student's custodial parents or court-appointed legal guardians,
one time without loss of athletic eligibility. For this exception to apply, the
transfer must be the student's first transfer during their years of high school
interscholastic athletic eligibility.
2.3.4.1.7 Transfer Due to Court Action - A
student may transfer without loss of athletic eligibility if the transfer is
caused by court action, court action being an order from a court of law
affecting legally committed students. In the case of a transfer of guardianship
or custody, the transfer shall be the result of a court order signed by a
judge, commissioner, or master of a court of competent jurisdiction. A petition
for the transfer of guardianship or custody, an affidavit, (except as permitted
by subsection 2.3.4.3.2.1 of this regulation), or a notarized statement signed
by the affected parties shall not be sufficient to render the student eligible
to participate in interscholastic athletics.
2.3.4.1.7.1 Sole, Joint, or Shared Custody -
In cases of sole, joint, or shared custody once a primary residence is
established, a change in a student's primary residence without court action
renders the student ineligible unless one of the other exceptions in subsection
2.3.4 of this regulation applies.
2.3.4.1.7.2 DSCYF Custody - For purposes of
eligibility, a student placed within DSCYF custody is eligible to participate
in interscholastic athletics immediately at the school the student
attends.
2.3.4.1.8
Transfer Based Upon Relative Caregivers School Authorization - A student may
transfer without loss of athletic eligibility if the transfer is based upon the
submission of a Caregivers School Authorization in accordance with 14 Del.C.
§
202(f).
An exception would be a student whose caregiver does not provide the documentation required by the Relative Caregiver School Authorization (including proof of relationship and proof of full-time care) but is permitted to register on the basis of a petition for the transfer of guardianship. A student who registers on the basis of a petition for the transfer of guardianship is not eligible to scrimmage or compete until the caregiver has provided a custody or guardianship petition to the receiving school in accordance with 14 Del.C. § 202(f)(1).
2.3.4.1.9 Transfer Due to Change
of Residence - The transfer is the result of a change in residence by the
custodial parents, legal guardians, or Relative Caregiver to the attendance
zone of a public school that student was not attending. If, as a result of the
change of residence, the student could now enroll in a different public school,
the student may make a one-time election and select any school including a
private school. A change in residence has occurred when all occupancy of the
previous residence has ended and a new legal residence has been established.
Maintaining dual residency for purposes of athletic eligibility shall render
the student ineligible.
2.3.4.1.10
Transfer Due to Seat Opening in Receiving School - A student may transfer
without loss of athletic eligibility if the transfer is a result of a seat
opening in the receiving school, and the student had previously applied to the
school and had been rejected due to a lack of capacity. For this exception to
apply, the receiving school must have appropriate documentation including: a
student application from a previous school year; a letter in response to the
application notifying the student that they were not accepted; and a letter
dated after the start of the school year offering the student a seat in the
receiving school.
2.3.4.1.11
Transfer under Unsafe School Choice Policy A student may transfer without loss
of athletic eligibility if the student attends a persistently dangerous school
or is the victim of a violent felony while in or on the grounds of a school in
which the student is enrolled and the student opts to transfer to a safe school
in the same school district in accordance with 14 DE Admin. Code 608 Unsafe
School Choice Option Policy.
2.3.4.1.12 Transfer Because Sending School
Closed or Dropped Sport/Athletic Program - A student may transfer without loss
of athletic eligibility if the transfer is a result of any of the following:
2.3.4.1.12.1 The closure of the sending
school;
2.3.4.1.12.2 The sending
school discontinuing a single sport at the varsity level. In order for this
exception to apply when a school discontinues a single sport at the varsity
level, the student must have previously participated in that sport.
2.3.4.1.12.3 The sending school dropping
their entire athletic program. Dropping their athletic program is defined as
the school discontinuing all of their interscholastic athletics sports
programs. For this exception to apply, adequate documentation must be submitted
to the receiving school and sent to the DIAA Executive Director for approval as
sufficient.
2.3.5 Transfer Because of a Financial
Hardship: If a waiver of the High School Transfer Rule is requested due to a
financial hardship, the parents, legal guardians, or Relative Caregiver is
responsible for providing documentation to the DIAA Board of Directors to
support the request.
2.3.5.1 Documentation for
Financial Hardship: Documentation for financial hardship shall include:
2.3.5.1.1 Proof of extreme financial hardship
caused by significant and unexpected reduction in income or increase in
expenses; and
2.3.5.1.2 A statement
from the principals or headmasters of both the sending and receiving schools
that the student is not transferring for athletic advantage as the term is used
in subsection 2.3.6 of this regulation.
2.3.6 Transfers for Athletic Advantage - The
exceptions listed in subsection 2.3.4 of this regulation shall not apply if the
transfer was for athletic advantage. If the student transfers for athletic
advantage, the student may still request a waiver of the transfer rule. A
transfer for athletic advantage includes but is not limited to any transfer
where the primary reason for student's transfer was for any of the following:
2.3.6.1 To seek a superior team.
2.3.6.2 To seek a team more compatible with
student's abilities;
2.3.6.3
Dissatisfaction with the student's position or playing time;
2.3.6.4 The student follows the coach to
another school to which the coach has transferred;
2.3.6.5 Dissatisfaction with the philosophy,
policies, methods, or actions of a coach or administrator pertaining to
interscholastic athletics;
2.3.6.6
To avoid disciplinary action imposed by another state athletic
association;
2.3.6.7 To avoid
disciplinary action imposed by the sending school related to or affecting
interscholastic athletic participation.
2.3.7 Transfers under the School District
Enrollment Choice Program (14 Del.C. Ch. 4)
2.3.7.1 Pursuant to 14 Del.C. §
410(a), if a
student was enrolled in a traditional public, vocational, or charter school
outside of the student's feeder pattern through the School District Enrollment
Choice Program during the preceding school year and the student transfers to
and enrolls in grades 10, 11, or 12 at a different traditional public,
vocational, or charter school outside of the student's feeder pattern through
the program, the student shall be ineligible to participate in interscholastic
athletic contests or competitions during the student's first year of enrollment
at the receiving school.
2.3.7.1.1 For the
purpose of subsection 2.3.7.1, a student's feeder pattern consists of the
public schools in which the student would normally be enrolled based on the
student's place of residence.
2.3.7.2 If a student is ineligible under
subsection 2.3.7.1, a student, the student's family, and the student's
receiving school may submit a waiver request. A waiver may be granted if the
student, the student's family, and the student's receiving school establish the
conditions for granting a waiver set forth in 14 DE Admin. Code 1020, including
hardship, and the student's transfer was not for athletic advantage as provided
in subsection 2.3.6 of this regulation.
2.3.7.3 A waiver request is not required and
the period of ineligibility under subsection 2.3.7.1 shall not apply if:
2.3.7.3.1 One of the exceptions to the High
School Transfer Rule as provided in subsection 2.3.4 applies; or
2.3.7.3.2 The student wishes to participate
in an interscholastic sport that was not offered at the sending school;
or
2.3.7.3.3 The receiving school
is a charter school in its first year of operation; or
2.3.7.3.4 The receiving school is a charter
school in its first year of serving grades 10, 11, or 12.
2.4 Eligibility, Amateur
Status
2.4.1 A student may not participate in
an interscholastic sport unless they are considered an amateur in that sport. A
student forfeits amateur status if they do any of the following:
2.4.1.1 Knowingly plays on or against a
professional team which is defined as a team having one or more members who
have received or are receiving directly or indirectly monetary consideration
for their athletic services.
2.4.1.2 Signs a professional contract,
accepts reimbursement for expenses to attend a professional tryout, or receives
financial assistance in any form from a professional sports
organization.
2.4.1.3 Enters a
competition under an assumed name. The surname and given name used by any
player in the student's first game of interscholastic competition shall be used
during the remainder of the student's interscholastic career. Any change in
spelling or use of another name shall be regarded as an attempt to evade this
rule unless the change has been properly certified by the player to the
principal or headmaster of the school.
2.4.1.4 Receives remuneration of any kind or
accepts reimbursement for expenses in excess of the actual and necessary costs
of transportation, meals, and lodging for participating in a team or individual
competition or an instructional camp or clinic. Reimbursement for the
aforementioned expenses is permitted only if all of the participants receive
the same benefit.
2.4.1.5 Receives
cash or a cash equivalent (savings bond, certificate of deposit, etc.),
merchandise (except as permitted by subsection 4.1.4) or a merchandise
discount, (except for discount arranged by school for part of team uniform) a
reduction or waiver of fees, a gift certificate, or other valuable
consideration as a result of the student's participation in an organized
competition or instructional camp or clinic. Accepting an event program or a
complimentary item (t shirt, hat, equipment bag, etc.) that is inscribed with a
reference to the event, has an aggregate retail value of no more than $150.00,
and is provided to all of the participants, shall not jeopardize the student's
amateur status.
2.4.1.6 Sells or
pawns awards received.
2.4.1.7 Uses
the student's athletic status to promote or endorse a commercial product or
service on the internet; in a newsprint, radio, television advertisement or any
other form of media; or personal appearance.
2.4.2 Accepting compensation for teaching
lessons, coaching, or officiating shall not jeopardize the student's amateur
status.
2.4.3 A student who
forfeits their amateur status under the provisions of this rule is ineligible
to participate at the interscholastic level in the sport in which the violation
occurred. The student may be reinstated after a period of up to the number of
days in the school year provided that during the suspension, the student
complies with all of the provisions of this rule. The suspension shall date
from the time of the last offense.
2.5 Eligibility, Passing Work
2.5.1 The intent of the Passing Work Rule is
to promote educational standards, underscore the educational values of
participating in interscholastic athletics, encourage appropriate academic
performance, and allow the use of interscholastic participation as a motivator
for improved classroom performance.
2.5.2 In order to be eligible for
participation in interscholastic athletic contests and scrimmages, a student
must pursue a regular course of study or its equivalent as approved by the
local governing body, and must be passing at least five credits. Two of those
credits must be in the areas of English, Mathematics, Science, World Language,
or Social Studies. However, in the case of a student in the twelfth grade, the
student must be passing all courses necessary for graduation from high school
in order to be eligible for participation. A course necessary for graduation
shall be any course, whether taken during or outside the regular school day,
that satisfies an unmet graduation requirement.
A student who is receiving special education services and is precluded from meeting the aforementioned academic requirements due to modifications in the grading procedure or course of study shall be adjudged eligible by the principal or headmaster if the student is making satisfactory progress in accordance with the requirements of their Individualized Education Program (IEP).
2.5.3 A
student whose work in any regular marking period does not meet the above
standards shall be ineligible to participate in an interscholastic athletic
contest or scrimmage for the next marking period.
2.5.3.1 In the case of a conflict between the
marking period grade and the final grade, the final grade shall determine
eligibility.
2.5.3.2 The final
accumulation of credits shall determine eligibility for the first marking
period of the following school year. When a student makes up a failure or earns
the required credits during the summer, the student shall become eligible
provided the student successfully complete the course work prior to the first
official student day of the school year.
2.5.3.3 Written verification of the
successful completion of a correspondence course must be received before a
student shall regain eligibility.
2.5.4 A student forfeits or regains
eligibility, in accordance with the provisions of this rule, on the day when
marking period grades are issued or published. The calendar used to establish
when marking period grades are issued or published must be established by the
governing body of the school prior to the start of the school year.
2.5.5 Local school boards and nonpublic
schools may establish more stringent requirements for academic eligibility than
the minimum standards herein prescribed.
2.6 Eligibility, Years of Participation
2.6.1 The intent of the Years of
Participation Rule is to promote timely progress toward graduation by
discouraging students from delaying or interrupting their high school
education; to disallow students to enroll for one semester each school year to
increase athletic ability and skill; to promote equality of competition; to
diminish risks stemming from unequal competition; and to place emphasis on the
academic mission of the school. In addition, the intent of the rule is to help
to prevent redshirting; to avoid exploitation by coaches who otherwise might
seek to obtain transfers or to delay a student's normal progress through
school; and to prevent displacement of younger student-athletes by older
student-athletes who wish to unfairly prolong their high school athletic
careers.
2.6.2 Years of
Participation Rule
2.6.2.1 No student shall
represent a school in an interscholastic athletic contest or scrimmage after
four consecutive years from the date of the student's first entrance into the
ninth grade unless a waiver is granted for hardship reasons.
Eighth grade students who are enrolled in or transfer to schools that allow eighth grade participation at the high school level in accordance with subsection 2.6.5 of this regulation begin their five years of eligibility for high school participation the first year they enter eighth grade.
2.6.2.2 No student
shall have more than four opportunities to participate in a fall sport or
combination of fall sports, in a winter sport or combination of winter sports,
or in a spring sport or combination of spring sports.
Eighth grade students who are enrolled in schools that allow eighth grade participation at the high school level in accordance with subsection 2.6.5 of this regulation shall have no more than five opportunities to participate in a fall sport or combination of fall sports, in a winter sport or combination of winter sports, or in a spring sport or combination of spring sports.
2.6.3
Waiver of the Years of Participation Rule.
"Hardship" shall be defined as extenuating circumstances peculiar to the student athlete caused by unforeseen events beyond the election, control, or creation of the student athlete, the student's family, and the student's school which (1) deprive the student of all or part of one of the student's opportunities to participate in a particular sports season; and (2) preclude the student from completing the academic requirements for graduation within the normal period of eligibility; and (3) deprive the student of all or part of one of the student's opportunities to participate in a particular sport. The waiver provision is intended to restore eligibility that has been lost as a result of a hardship situation. Injury, illness, or accident, which cause a student to fail to meet the basic requirements, are possible causes for a hardship consideration.
2.6.3.1 A waiver shall not be granted under
this section where DIAA finds that the student was academically eligible
pursuant to DIAA's minimum passing work standards but was ineligible to
participate under more stringent locally adopted academic standards and where
the local school board or board of directors has adopted its own waiver or
exemption policy.
2.6.3.2 A clear
and direct causal relationship must exist between the alleged hardship
condition and the failure of the student to complete the academic requirements
for graduation within the normal period of eligibility and the loss of all or
part of one of the student's opportunities to participate in a particular
sports season.
2.6.3.3 The burden
of proof rests with the student in conjunction with the waiver process as
described in 14 DE Admin. Code 1020. Claims of extended illness, debilitating
injury, emotional stress, etc. must be accompanied by appropriate
documentation. Evidence must be submitted to verify that the student, their
parents, legal guardians, or Relative Caregiver sought assistance to ameliorate
the effects of the hardship condition.
2.6.4 Satisfactory completion of studies in
accordance with promotion policies established by the local governing body
shall determine a student is beyond the eighth grade.
2.6.5 Limited Participation - Eighth Grade
Students
2.6.5.1 A high school may elect to
allow students in the eighth grade to participate at the high school level to
extent allowed in this section if the eighth grade is part of the same
administrative unit as grades 9 through 12. Beginning with the 2016-2017 school
year, prior to allowing any eighth grade participation, Member Schools are
required to adopt policies consistent with this section and submit a request to
the DIAA Board of Directors for approval. The request must provide sufficient
evidence to determine that the school is eligible to permit eighth grade
students to represent the school in high school interscholastic athletics. The
burden shall be on the school to establish they are eligible under this
regulation.
2.6.5.2 It is the
school's discretion to allow eighth grade participation at the high school
level.
2.6.5.3 Only rising eighth
graders who have been in regular attendance at the eligible school for at least
one full school year immediately prior to the eighth grade are eligible to
represent the school in high school interscholastic athletics. Students who
transfer into the eligible school for the eighth grade are ineligible to
represent the high school at any level in any interscholastic sport. This
subsection does not apply to schools that begin with the eighth
grade.
2.6.5.4 A junior high or
middle school student who participates in a subvarsity or varsity contest at
the high school level shall be ineligible to participate at the junior high or
middle school level in the same sport during the same season. This subsection
does not preclude an eighth grade student from participating in a try-out at
the high school level while still retaining middle school
eligibility.
2.6.6
Seventh grade students shall not be permitted to participate on high school
interscholastic teams.
2.6.7
Participation of Postgraduates
2.6.7.1
Participation shall be defined as taking part in a school sponsored practice,
scrimmage or contest on or after the first allowable date for practice in that
sport.
2.6.7.2 Postgraduates shall
not be eligible to participate in interscholastic athletics. All graduates of
recognized high schools shall be considered postgraduates.
2.6.7.3 A regularly enrolled student taking
courses in an institution of higher education shall be eligible provided the
student meets all other DIAA requirements.
2.6.7.4 Students whose commencement exercises
are prior to the completion of the school's regular season schedule and the
state tournament shall be eligible to compete.
2.7 Eligibility of Foreign Exchange Students
and International Students
2.7.1 For the
purpose of subsection 2.7, a foreign exchange or international student is a
high school student who:
2.7.1.1 Is in the
United States on a J-1 (Exchange Visitors) or F-1 (Academic Student)
Visa;
2.7.1.2 Is enrolled at a DIAA
Member School;
2.7.1.3 Is
participating in a program or placed at a school that is approved by the
Student and Exchange Visitors Program and recognized by DIAA;
2.7.1.4 Is randomly selected for or placed in
the program or school and not on any basis relating to the student's athletic
abilities or interests;
2.7.1.5 If
applicable, is randomly assigned to a host family by a method that ensures the
assignment is not for an athletic purpose;
2.7.1.6 Does not reside with any members of
the coaching or athletic staff of the Member School; and
2.7.1.7 Meets all of the eligibility
requirements except for subsections 2.2 (Residence) and 2.3 (Transfers) of this
regulation.
2.7.2 A
foreign exchange or international student who participates in a DIAA-recognized
program, as provided in subsection 2.7.3, is eligible to participate in
interscholastic athletic contests and competitions.
2.7.3 For the purpose of subsection 2.7, a
DIAA-recognized program is either a Council on Standards for International
Educational Travel (CSIET)-approved program or a DIAA-recognized international
student academic program.
2.7.3.1 CSIET
Approved Programs - All international student programs which are included on
the Advisory List of International Educational Travel and Exchange Programs of
the CSIET shall be considered recognized by DIAA.
2.7.3.2 DIAA Recognized International Student
Academic Programs - A Member School may obtain recognition of its international
student academic program by submitting its program for approval to the DIAA
Executive Director with adequate documentation. The Member School must provide
a copy of its policies and enrollment applications and agreements to the DIAA
Executive Director for recognition. The burden is on the Member School to
establish its program meets all the requirements.
2.7.3.2.1 In order to obtain approval as a
DIAA recognized international student academic program, the Member School must,
at a minimum, specifically incorporate and formally adopt the following
requirements, policies, participation limits, and notification requirements in
its program:
2.7.3.2.1.1 A student may not be
accepted in the school or program for athletic purposes, including recruiting
by an outside party. The school must include a statement in its application and
program materials providing notice of the prohibitions on recruitment and
athletic purposes and advising that based on its program requirements and DIAA
regulations that recruitment based on athletics by anyone including an outside
source will result in the student being permanently ineligible in
interscholastic athletics at any DIAA Member School. The school, student, and
parent must all sign a statement verifying that the student was not
athletically recruited in any way and attesting that the student did not enroll
for athletic purposes and has enrolled in the school for educational
purposes.
2.7.3.2.1.2 With the
exception of the requirement in subsection 2.2 that a student must be living
with their custodial parent, legal guardian, or relative caregiver in the
attendance zone of the school, the program must require that students meet all
other eligibility requirements including a preparticipation evaluation or
physical including a parent's signature.
2.7.3.2.1.3 The program must specify that the
student's participation is limited to the subvarsity level for the first year
of attendance at the school and that students will be ineligible for state
tournament competition during the first year of attendance. If a school does
not have a subvarsity team, a student may practice at the varsity level during
their first year of attendance. After one year of attendance at the school in
an approved international student academic program, the international student
may be eligible for varsity participation and state tournament
competition.
2.7.3.2.1.4 All of the
specific requirements must be part of the school's international student
academic program and must be communicated to the students in advance of
registration.
2.7.3.2.2
At least annually and prior to athletic participation, the school shall provide
to the DIAA Executive Director a list of the international students enrolled in
its programs and include signed copies of the required forms.
2.7.3.2.3 If the Member School changes its
program, the Member School shall notify the Executive Director who must approve
the changes for the purpose of subsection 2.7.
2.7.4 International students who are not in
the United States on a J-1 or F-1 Visa and are not participating in a
CSIET-recognized program or DIAA recognized international student academic
program are considered to be transfer students and are ineligible to compete in
interscholastic athletics unless they are in compliance with all DIAA
eligibility requirements including subsection 2.2.
2.7.5 Athletic recruitment of foreign
exchange and international students by a Member School is prohibited. Any such
students recruited shall be ineligible for the duration of their attendance at
the Member School.
2.7.6 Effective
Date.
Subsection 2.7 of this regulation shall be effective on July 1, 2018.
2.8
Student Eligibility Report Forms
2.8.1 Member
Schools shall use eligibility forms approved by the Executive Director. A copy
of the original eligibility report and subsequent addenda must be either
received by the Executive Director or postmarked prior to the first contest for
which the students listed are eligible. Failure to file an eligibility report
as prescribed shall result in a $50.00 fine against the school.
2.8.2 In the case of a student who met all
DIAA eligibility requirements but was omitted from the eligibility report due
to administrative or clerical error, the student shall be adjudged eligible and
the school assessed a $25.00 fine.
2.9 Use of an Ineligible Athlete:
2.9.1 If a school uses an ineligible athlete,
the administrative head or their designee shall notify the opposing school or
event sponsor, in the case of a tournament or meet, and the Executive Director
in writing of the violation and the forfeiture of the appropriate games,
matches, and points won.
2.9.2 The
deliberate or inadvertent use of an ineligible athlete in the sports of soccer,
football, volleyball, field hockey, basketball, baseball, softball, lacrosse,
Unified flag football, and Unified basketball shall require the offending
school to forfeit the contests in which the ineligible athlete participated.
2.9.2.1 If the infraction occurs during a
tournament, including a state championship, the offending school shall be
replaced by its most recently defeated opponent. Teams eliminated prior to the
most recently defeated opponent shall not be allowed to reenter the tournament,
team and individual awards shall be returned to the event sponsor and team and
individual records and performances shall be nullified.
2.9.2.2 The offending school may appeal to
the DIAA Board of Directors for a waiver of the forfeiture penalty. If the
forfeiture penalty is waived, the offending school shall be reprimanded and
fined a minimum of $200.00 but no more than $1,000.00 and referred to the DIAA
Sportsmanship Committee for consideration of further action unless the athlete
or their parents or legal guardians knowingly withheld information or provided
false information that caused the student to be eligible for interscholastic
competition. The burden of proof, in both instances, rests entirely with the
offending school. A forfeit shall constitute a loss for the offending school
and a win for its opponent for purposes of standings and playoff eligibility
and shall be automatic and not subject to refusal by the offending school's
opponent.
2.9.3 The
deliberate or inadvertent use of an ineligible athlete in the sports of cross
country, wrestling, swimming, track, golf, tennis, and Unified track shall
require the offending school to forfeit the matches won and points earned by
the ineligible athlete or by a relay team of which the student was a member.
2.9.3.1 The points contributed by an
ineligible athlete to their team score shall be deleted and the contest score
as well as the affected placements will be adjusted according to the rules of
the sport.
2.9.3.2 If the
infraction occurs during a tournament, including a state championship, the
ineligible athlete shall be replaced by their most recently defeated opponent
or the next highest finisher. Contestants eliminated prior to the most recently
defeated opponent shall not be allowed to reenter the tournament.
2.9.3.3 Individual awards earned by the
ineligible athlete and team awards, if necessary because of adjustments in the
standings, shall be returned to the event sponsor. Individual records and
performances by the ineligible athlete shall be nullified.
2.9.4 If an ineligible athlete participates
in interscholastic competition contrary to DIAA rules, but in accordance with a
temporary restraining order or injunction against their school and DIAA, and
the injunction is subsequently vacated, stayed, or reversed, or the courts
determine that injunctive relief is not or was not justified, or the injunction
expires without further judicial determination, the penalties stipulated in
subsections 2.9.1 and 2.9.2 shall be imposed.
2.9.5 The intentional use of an ineligible
athlete by a Member School or repeated indifference to its responsibility to
determine the eligibility of its athletes will subject the school to additional
penalties which may include suspension for the amount of days up to length of
the school year from the date the charge is substantiated.
2.9.6 If a coach knowingly withholds
information or provides false information that causes an athlete to be eligible
for interscholastic competition, the coach shall be suspended from coaching in
any sport at any DIAA Member School for the amount of days up to length of the
school year from the date the charge is substantiated.
2.9.7 If an athlete or their parents, legal
guardians, or Relative Caregiver knowingly withholds information or provides
false information that causes the student to be eligible for interscholastic
competition, the athlete shall be suspended from participation in any sport at
any DIAA Member School for up to the amount of days up to the length of the
school year from the date the charge is substantiated.
2.10 Determination of Student Eligibility and
the Appeal Procedures
2.10.1 Determining
student athletic eligibility is the responsibility of each Member School's
administration. Member Schools shall maintain records verifying athletic
eligibility. Upon the Executive Director's request, the Member School shall
provide all information verifying eligibility.
2.10.2 In cases of uncertainty or
disagreement, the eligibility of a student shall be determined by the Executive
Director. Any request from a Member School regarding an eligibility
determination shall be in writing and contain the school's eligibility
determination and all information used to reach the determination. When
necessary within the Executive Director's discretion, the Executive Director
may also make eligibility determinations without an official request from the
Member School. If the Executive Director determines that the student is
ineligible, the school and the student shall be notified and the student
suspended immediately from participation in interscholastic
athletics.
2.10.3 The school and
the student shall be informed that the decision of the Executive Director may
be appealed to the DIAA Board of Directors.
2.10.4 Decisions of the Board to affirm,
modify, or reverse the eligibility rulings of the Executive Director may be
appealed to the State Board.
Notes
11 DE Reg. 1642 (06/01/08)
15 DE Reg. 75 (07/01/11)
19 DE Reg.
21 DE Reg.
21 DE Reg.
21 DE Reg.
22 DE Reg.
22 DE Reg.
24 DE Reg.
26 DE Reg.
28 DE Reg.
28 DE Reg.
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