14 Del. Admin. Code § 1009-2.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 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. 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 1-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 subject to 14 Del.C. §§ 314-315.

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. An exception would be a student whose relative caregiver does not provide the documentation required by the Relative Caregivers 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, Passing Work

2.3.1 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.

2.3.2 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).

2.3.3 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.

2.3.3.1 In the case of a conflict between the marking period grade and the final grade, the final grade shall determine eligibility.

2.3.3.2 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.

2.3.3.3 Written verification of the successful completion of a correspondence course must be received before a student shall regain eligibility.

2.3.4 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.

2.3.5 Local school boards and nonpublic schools may establish more stringent requirements for academic eligibility than the minimum standards herein prescribed.

2.4 Eligibility, Years of Participation

2.4.1 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 1 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.

2.4.2 Years of Participation Rule

2.4.2.1 No student shall represent a school in an interscholastic athletic contest or scrimmage after 4 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 2.4.5 of this regulation begin their 5 years of eligibility for high school participation the first year they enter eighth grade.

2.4.2.2 No student shall have more than 4 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 2.4.5 of this regulation shall have no more than 5 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.

2.4.3 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.

2.4.3.1 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.

2.4.3.2 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.

2.4.3.3 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.

2.4.4 Satisfactory completion of studies in accordance with promotion policies established by the local governing body shall determine a student is beyond the eighth grade.

2.4.5 Limited Participation - Eighth Grade Students

2.4.5.1 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.

2.4.5.2 It is the school's discretion to allow eighth grade participation at the high school level.

2.4.5.3 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.

2.4.5.4 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.

2.4.6 Seventh grade students shall not be permitted to participate on high school interscholastic teams.

2.4.7 Participation of Postgraduates

2.4.7.1 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.

2.4.7.2 Postgraduates shall not be eligible to participate in interscholastic athletics. All graduates of recognized high schools shall be considered postgraduates.

2.4.7.3 A regularly enrolled student taking courses in an institution of higher education shall be eligible provided the student meets all other DIAA requirements.

2.4.7.4 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.

2.5 Eligibility of Foreign Exchange Students and International Students

2.5.1 For the purpose of subsection 2.5, a foreign exchange or international student is a high school student who:

2.5.1.1 Is in the United States on a J-1 (Exchange Visitors) or F-1 (Academic Student) Visa;

2.5.1.2 Is enrolled at a DIAA Member School;

2.5.1.3 Is participating in a program or placed at a school that is approved by the Student and Exchange Visitors Program and recognized by DIAA;

2.5.1.4 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;

2.5.1.5 If applicable, is randomly assigned to a host family by a method that ensures the assignment is not for an athletic purpose;

2.5.1.6 Does not reside with any members of the coaching or athletic staff of the Member School; and

2.5.1.7 Meets all of the eligibility requirements except for subsection 2.2 (Residence) of this regulation.

2.5.2 A foreign exchange or international student who participates in a DIAA-recognized program, as provided in subsection 2.5.3, is eligible to participate in interscholastic athletic contests and competitions.

2.5.3 For the purpose of subsection 2.5, 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.

2.5.3.1 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.

2.5.3.2 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.

2.5.3.2.1 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:

2.5.3.2.1.1 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.

2.5.3.2.1.2 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.

2.5.3.2.1.3 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 1 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.

2.5.3.2.1.4 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.

2.5.3.2.2 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.

2.5.3.2.3 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 2.5.

2.5.4 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.

2.5.5 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.

2.6 Student Eligibility Report Forms

2.6.1 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 fine against the school.

2.6.2 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 fine.

2.7 Use of an Ineligible Athlete

2.7.1 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.

2.7.2 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.

2.7.2.1 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.

2.7.2.2 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 but no more than $1,000 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.

2.7.3 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.

2.7.3.1 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.

2.7.3.2 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.

2.7.3.3 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.

2.7.4 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 2.7.1 and 2.7.2 shall be imposed.

2.7.5 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.

2.7.6 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.

2.7.7 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.

2.8 Determination of Student Eligibility and the Appeal Procedures

2.8.1 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.

2.8.2 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.

2.8.3 The school and the student shall be informed that the decision of the Executive Director may be appealed to the DIAA Board of Directors.

2.8.4 Decisions of the Board to affirm, modify, or reverse the eligibility rulings of the Executive Director may be appealed to the State Board.

14 Del. Admin. Code § 1009-2.0

9 DE Reg. 126 (07/01/05)
11 DE Reg. 1642 (06/01/08)
15 DE Reg. 75 (07/01/11)
19 DE Reg. 745 (2/1/2016)
21 DE Reg. 147 (8/1/2017)
21 DE Reg. 218 (9/1/2017)
21 DE Reg. 719 (3/1/2018)
22 DE Reg. 61 (7/1/2018)
22 DE Reg. 767 (3/1/2019)
24 DE Reg. 540 (12/1/2020)
26 DE Reg. 185 (9/1/2022)
28 DE Reg. 117 (8/1/2024)
28 DE Reg. 119 (8/1/2024)
28 DE Reg. 385 (11/1/2024) (Final)