14 Del. Admin. Code § 1040-9.0 - Nonschool Athletic Activities, Programs, and Teams

9.1 DIAA does not have jurisdiction over nonschool athletic activities, programs, or teams conducted by outside organizations that are not affiliated with Member Schools even if school facilities are used.

9.2 Member Schools, including school organizations and school-related groups, such as booster clubs, shall meet the requirements in subsections 9.2.1 through 9.2.3.

9.2.1 The Member School shall not provide any form of financial assistance or transportation to student athletes who participate in nonschool athletic activities or programs or on nonschool athletic teams.

9.2.2 The Member School shall not provide equipment to a student athlete to use in a nonschool athletic activity or program or on a nonschool athletic team. Notwithstanding the foregoing requirement, a Principal or Head of School may approve the use of school equipment by a student athlete if the organization conducting the nonschool athletic activity, program, or team does not provide equipment and the Principal or Head of School believes that the student athlete lacks the resources to obtain such equipment.

9.2.3 The Member School shall require student athletes to provide their own clothing so that the school's uniforms are not used.

9.3 Coaches who provide instruction at nonschool athletic activities or programs or to nonschool athletic teams shall meet the requirements in subsections 9.3.1 through 9.3.4.

9.3.1 A coach may have instructional contact with student athletes who are not returning members of the coach's school team at nonschool athletic activities or programs or on nonschool athletic teams Out-of-Season and in the Summer.

9.3.2 A coach may have instructional contact with student athletes who are returning members of the coach's school team at nonschool athletic activities or programs or on nonschool athletic teams Out-of-Season and in the Summer provided the requirements in subsections 9.3.2.1 through 9.3.2.14 are met.

9.3.2.1 The coach shall have obtained approval to have the instructional contact from the Member School at which the coach coaches.

9.3.2.2 The coach shall not use the name of the Member School at which the coach coaches.

9.3.2.3 The coach shall not directly or indirectly require a student athlete to participate in a nonschool athletic activity, program, or team.

9.3.2.4 The nonschool athletic activity, program, or team is open and equally available to all student athletes.

9.3.2.5 The coach's instructional contact with returning student athletes at the nonschool athletic activity, program, or team shall be limited as follows:

9.3.2.5.1 For individual athletic activities Out-of-Season and in the Summer, the coach may provide instruction to returning student athletes up to 2 hours per day except during the no-contact periods provided in subsection 9.3.2.9. The instruction shall not exceed a total of 4 hours per week.

9.3.2.5.2 For team-based athletic activities Out-of-Season, the coach may provide instruction to returning student athletes up to 2 hours per day and for a total of 4 hours per week except during the no-contact periods provided in subsection 9.3.2.9.

9.3.2.5.3 For team-based athletic activities during the Summer, the coach may provide instruction to returning student athletes up to 5 hours per day and for a total of 4 days per week except during the no-contact periods provided in subsection 9.3.2.9.

9.3.2.6 The number of returning student athletes to whom the coach provides instruction at the nonschool athletic activity, program, or team shall not exceed the maximum number set forth below. If a coach provides instruction to both sexes in a sport, the maximum number of returning student athletes shall not exceed the maximum number of returning student athletes for each sex (e.g., up to 8 girls and 8 boys in outdoor track and field). For modified versions of the sports below (e.g., 7-on-7 football and 3-on-3 basketball), the maximum number of returning student athletes shall not exceed 80% of the number of players that would constitute a starting lineup in the modified sport.

Sport	Maximum Number of Returning Student Athletes
Baseball	7
Basketball	4
Cross Country	8
Golf	4
Field Hockey	9
Football	9
Indoor Track	8
Lacrosse - Boys'	8
Lacrosse - Girls'	10
Outdoor Track and Field	8
Soccer	9
Softball	7
Swimming and Diving	8
Tennis	4
Volleyball	5
Wrestling	9

9.3.2.7 If the number of returning student athletes exceeds the maximum number permitted under subsection 9.3.2.6, the coach shall not have any instructional contact with any returning student athletes at the nonschool athletic activity, program, or team. Rotating players from the same school team is not permitted.

9.3.2.8 During the Summer, subsection 9.3.2.6 does not apply to nonschool athletic teams participating in leagues in a DIAA recognized sport.

9.3.2.9 The coach shall not have any instructional contact with any returning student athletes during the 7-day period before the start of the fall, winter, and spring seasons as defined in 14 DE Admin. Code 1035 In-Season Athletic Activities and Contact.

9.3.2.10 The nonschool athletic activity, program, or team is sponsored by a nonschool organization that is affiliated and in good standing with an overseeing national organization for a minimum of 1 year. For the purpose of subsection 9.3.2.10, national organizations include, but are not limited to, Amateur Athletic Union (AAU), Olympic Development Program (ODP), USA Track and Field (USATF), and USA Volleyball (USAV).

9.3.2.11 The nonschool athletic activity, program, or team was advertised in print and online for at least 2 weeks prior to the start date of the activity, program, or team.

9.3.2.12 The nonschool organization conducting the activity, program, or team is insured.

9.3.2.13 The coach may hold organizational practices for a league or tournament if it is permitted by the written, pre-established rules of the league or tournament. If the league or tournament does not have written, pre-established rules regarding organizational practice, then organizational practice is not permitted. In no event shall more than 1 organizational practice be permitted and the number of games and practices shall not exceed 3 in 1 week.

9.3.2.14 The instructional contact is voluntary (i.e., not for pay) or the source of compensation for instructional contact is anonymous and equal for each Member School, as provided in subsection 9.3.3, and as verified by the organization conducting the nonschool athletic activity, program, or team.

9.3.3 A coach may be compensated for instructional contact with student athletes who are not on the coach's school team by the organization conducting the nonschool athletic activity, program, or team. A coach shall not be compensated by the Member School at which they are employed, including school organizations and school-related groups, such as booster clubs, or by a student athlete or a student athlete's family. A coach may be compensated for instructional contact with returning student athletes who are on the coach's school team by the organization conducting the nonschool athletic activity, program, or team if the source of compensation is anonymous and equal for each Member School. For the purpose of Section 9.0 of this regulation, anonymous means that the origin of the funds in the source from which the coach is paid is unknown to coaches and participants.

9.3.4 Prior to the start date of providing instruction at a nonschool athletic activity or program or to a nonschool athletic team, a coach shall complete, sign, and submit the DIAA-approved form verifying that the coach meets the requirements in subsections 9.3.1 through 9.3.3 to the DIAA Office and the coach's Member School.

9.3.4.1 If a coach will be compensated for instructional contact with any student athletes who are on the coach's school team, before the coach submits the coach's form to the DIAA Office, the coach is required to have an authorized representative of the organization conducting the nonschool athletic activity, program, or team complete and sign the declaration on the coach's form that the source of compensation is as provided in subsection 9.3.3. If an authorized representative of the organization conducting the nonschool athletic activity, program, or team does not complete or sign the declaration on the coach's form, the coach's form will be deemed incomplete by DIAA and the coach will not be permitted to have instructional contact with any returning student athletes on the coach's school team at the nonschool athletic activity or program or on the nonschool athletic team until the coach has submitted a form with a declaration that is completed and signed by an authorized representative of the organization.

9.3.4.2 If a coach submits a form verifying that the coach will not be providing instruction to returning members of the coach's school team but the coach's circumstances change (e.g., at the time the coach submitted the form, the coach was unaware student athletes from the coach's school team would be attending the camp or clinic), the coach shall submit a new form to the DIAA Office prior to providing instruction to any returning members of the coach's school team at the nonschool activity, program, or team.

9.4 Student athletes may participate in nonschool athletic activities, programs, and teams Out-of-Season and in the Summer provided the requirements in subsections 9.4.1 through 9.4.4 are met.

9.4.1 The student athlete shall participate unattached and not as a representative of the student athlete's Member School.

9.4.2 The student athlete shall not wear the student athlete's Member School's uniform.

9.4.3 The student athlete shall not use school equipment unless the student athlete has obtained the Member School's approval as provided in subsection 9.2.2.

9.4.4 The student athlete's participation must be voluntary and not be required by the student athlete's school coach.

Notes

14 Del. Admin. Code § 1040-9.0

26 DE Reg. 1053 (6/1/2023) (final)