ELIGIBILITY
The Eligibility Committee of Section XI meets before each sports season to
consider appeals for students from member school districts who are:
I. seeking an extension of eligibility;
II. seeking waivers from the transfer rule;
III. who are foreign or exchange students;
IV. eligibility for shared service students.
It is the responsibility of the school district that requests the appeal to
supply all required written documentary evidence needed to support the appeal.
That written documentation may be sent to the attention of the Executive
Director two weeks in advance of the Eligibility Committee meeting (see Section
XI calendar) or directly to the committee members (fax numbers and addresses
will be supplied to athletic directors annually) one week in advance. Failure to
provide this material within the period requested will require the committee to
remove the case from the hearing schedule.
I. Extension of Eligibility
The purpose of the Section XI Eligibility Committee is to consider
"Evidence presented by the chief school officer" which "shows that a pupil's failure to
enter competition during one or
more seasons of a sport was caused by illness, accident, or similar
circumstance, beyond the control of the student." Additionally, the
chief school officer must include an explanation on how the accident/illness
resulted in the athlete needing additional semester(s) to meet the graduation
requirement. (Approved 7/1/2009)
Historically, the Section XI Eligibility Committee has interpreted the above
noted regulations to mean that: 1) The student must have been prevented from
participation through circumstances beyond his/her control, i.e., injury,
illness, 2) The student must not be avoiding graduation in order to play a sport
for an additional season. It should also be noted that Article II of the
constitution of NYSPHSAA indicates that for purposes of eligibility, the clock
starts at the point at which the student first enters ninth grade and continues
for four consecutive seasons of a specific sport. If the student is in the fifth
year of high school, that student is not eligible to participate in the
interscholastic athletic program. In order for a student to be considered for
participation, the procedures listed below must be followed.
A. Appeal Procedure
1. The superintendent must request, in
writing, consideration to extend the eligibility of a student in his/her
district. The letter shall indicate the reason(s) for the request.
2. A letter from the high
school principal
indicating that he/she is aware of the request shall accompany the
superintendent's letter.
3. The athletic director must gather the
necessary documentation and include it with the superintendent's request for
appeal.
According to the NYSPHSAA: Appeal Procedure:
Note: While an appeal is being processed a student(s) may participate in
practice sessions commencing from the date the appeal was filed.
B. Documentation
1. A complete record of the student's
participation in athletics since grade seven specifying sports and sport levels
(V,JV,JH) by year. Also include a description of the sports program available to
students in that school.*
2. A complete history of the student's
physical education record and activities. Include specifics for the period of
time he/she was precluded from participating in interscholastic athletics (such
as directives from physician regarding physical activity).*
3. Complete documentation relative to the
specific injury or illness that precluded the student from participating in
athletics. This documentation MUST include statements/records (medical and
other) dated at the specific period of time of the injury or illness. Medical
information, statements, records, etc., provided at dates that are more recent
are not acceptable.
4. A copy of the school's athletic
eligibility policy and documentation which indicates the eligibility status of
the student-athlete for the period of time he/she was precluded from
participating in athletics.*
5. Birth date of student.
6. The transcript of the student,
indicating all courses, grades, accumulated credits, and anticipated year of
graduation. Include a current report card to supplement the transcript, if
necessary.
7. Prior planning that took place (if any)
in anticipation of extending eligibility.
8. Any other information that the Guidance
Department believes would be pertinent.
9. Any medical, psychological or
psychiatric information attested to by the medical authorities shall indicate
the illness, its extent, the effect on the student scholastically, and the
effect on the individual's participation.
10. If the "...circumstances beyond
the student's control", include issues such as physical or sexual abuse or
conditions resulting from substance abuse, documentation to support the
circumstance must include but not be limited to:
a.
a social
history prepared by the district's psychologist or social worker
b.
medical
records
c.
hospital
records
d.
records
from public or private agencies that provided support services during the time
in question.
C. Hearing
The school district must be represented at the hearing. The attendance of the
student, parents, etc., is at the discretion of the school district. Attorneys
representing the student may not attend the hearing.
II. Transfer Students
If a student transfers from one school to another without a corresponding change
of residence of his or her parents, that student is ineligible to participate in
any interscholastic athletic contest in a particular sport for one year if
the student participated in that sport for the one year immediately preceding
the transfer. Students who are emancipated minors or who reached the age of
majority and established a separate residency are exempt from this ruling.
Others must appeal.
A. Appeal Procedure
1. The same as cited in I.A. above.
2. NYSPHSAA Transfer
Rule
a.
A student in grades 9-12 who transfers, with a corresponding change in residence
of his/her parents (or other persons with whom the student has resided for at
least six months) shall become eligible after starting regular attendance in the
second school. A residence change must involve a move from one school
district to another. Furthermore, when a student moves from one public
school district to another public school district, for athletic eligibility the
student must enroll in the public school district or in a private school within
that district's boundaries of his/her parents residency. The
Superintendent, or designee, will determine if the student has met district
residency requirements.
b.
A student who transfers without a corresponding change in residence of his/her
parents (or other persons with whom the student has resided for at least six
months) is ineligible to participate in any interscholastic athletic contest in
a particular sport for a period of one (1) year if as a 9-12 student
participated in that sport during the one (1) year period immediately preceding
his/her transfer. Students who transfer from any school to the public
school district of the residence of his/her parents (or other persons with whom
the student has resided for at least six months) or a private school within that
district's boundaries shall be exempt from the Transfer Rule. That such a
transfer without penalty will only be permitted once in a high school career.
NOTE: A student in a foreign exchange program listed by CSIET has a one
year waiver of the Transfer Rule. If such a student elects to stay a
second year he/she becomes a foreign student at the start of the school year
with item (b) in effect.
Exemptions to (b): For athletic eligibility a student must enroll
in the public school district or in a nonpublic school within that district's
boundaries of his/her parent's residency.
1) The student reaches the age of majority and establishes residency in a
district and can substantiate that they are independent and self supporting.
2) If a private or parochial school ceases to operate a student may
transfer to another private or parochial school of his/her choice.
Otherwise a student must enroll in the public school district of his/her parents
residency.
3) A student who is a ward of the court or state and is placed in a
district by court order. Guardianship does not fulfill this
requirement.
4) A student from divorced or separated parents who moves into a new
school district with one of the aforementioned parents. Such a transfer is
allowed once every six months.
5) A student who is declared homeless by the superintendent pursuant to
Commissioner's Regulation 100.2.
6) A student of a military employee who is transferred to an active
military base may enroll in the non-public school closest to their residence and
maintain eligibility if the student enrolls in a non-public school immediately
following the change in residence.
NOTE: It is provided, however, that each school shall have the
opportunity to petition the section involved to approve transfer without penalty
based on an undue hardship for the student.
c.
Transfer students trying out for sports before school opens in the fall shall
register and be accepted by the principal of that school before the medical
examination and the first practice. This shall constitute the start of the
regular attendance for fall sports.
NOTE: After approval by the school medical officer a student may
practice immediately and must satisfy the specific Sports Standard according to
the number of practice sessions required.
d.
Practices at the previous school may be counted toward the minimum number of
practices required provided the principal or athletic director of the previous
school submits, in writing, the number and dates of such practices to the
principal or athletic director of the new school.
3.
Transfer Appeal Guidelines - For consideration when determining hardship
waivers of the Transfer Rule
Financial - Appeals require documented proof of a significant loss of
income or a significant increase in expenses.
~ Written description outlining the circumstances that lead to the financial
hardship. Appropriate documentation may include:
- Evidence of loss of income or change in financial
obligations (not self imposed).
- Family W2 forms - pay stubs.
- Notarized statement from parent.
- Statement from employer, attorney, accountant, social
services or other professional with knowledge of the circumstances.
- Most recent tax returns - past two years.
Health and Safety - Appeals are considered for safety, mental health,
personal relationships and other like circumstances.
- Written documentation from Superintendent of Schools or HS
principal of the sending school indicating the specific circumstances which
necessitated the transfer.
- Supporting documentation from a third party may be
submitted.
Educational -
- Evidence of three units of credit in a particular subject
area or three AP courses not offered in sending school which will qualify for
graduation requirement. The Director of Guidance or Principal of sending
school must submit a list of their school's course offerings. The Director
of Guidance or Principal of the receiving school must submit a copy of the
child's schedule.
- Written documentation from Superintendent of Schools or HS
principal of the sending school indicating the specific academic circumstances
requiring the transfer.
Foreign Exchange Student
-Report all through the Section office by using a
standardized form.
B. Documentation
1. At least one of the following documents
must be submitted:
a. deed of
ownership of property
b. lease (signed)
c. contract of sale
(signed)
d. County tax bill
2. Appropriate affidavits to verify current
occupation of residence noted in above:
a. telephone bill
b. electric/gas
bill
c. water bill
d. oil company bill
e. bank statement
f. credit card bill
g. payroll stub
with address
h. cablevision bill
i. insurance
bill
j.
driver's license
(not amended)
k.
medical bill
3. Transfer documents from departing school
C. In cases of joint custody, copies of the court documents that
relate to the residency arrangements for the child.
D. Records that describe, in detail, the investigation initiated by
the receiving school which were used to ascertain residency.
E. Hearing
The school district must be represented at
the hearing. The attendance of the student, parents, etc., is at the discretion
of the school district. Attorneys representing the student may not attend the
hearing.
F. Waiver of NYSPHSAA Transfer Rule (NYSPHSAA
approved
August 5, 2004)
Upon receipt of the
appropriate request, a waiver of the transfer rule for any
student athlete returning to his/her district of residency from a non-public
school will be granted. The waiver will be granted only one time per athlete.
NOTE: We stress to all concerned that the transfer rule is still in effect
and that without a waiver, an athlete for which the rule applies remains
ineligible. Schools using ineligible athletes are subject to the
forfeit penalty which cannot be made retroactive. Therefore, athletic
directors are urged to establish leak proof tracking systems.
G. Practices and Competition
Students who are
appealing the Transfer Rule can participate in practices, but not in contests,
when the appeal application is completed and sent to the Section XI Executive
Director. Participation against other schools in league or non-league
competition is only permitted when the appeal has been approved.
III. Foreign Students - Exchange Students
A. Foreign Students
1. All foreign students who
have been graduated from the secondary school system in their country are
ineligible for the interschool athletic program.
2. Foreign students'
eligibility shall be determined under the requirements of NYSPHSAA Standard #29 -
Transfer.
NOTE: If a foreign student has
participated in an organized sports program in a particular sport, equivalent to
or on a higher level than our high school programs, he/she is ineligible to
participate in that sport for one year.
B. Exchange Students
A bona fide foreign exchange
student may be immediately eligible the first year in residence and be
limited to one year eligibility provided the student (a) is a
participant in an established foreign exchange program accepted for listing by
the Council of Standards for International Travel (CSIET) and (b) complies with
all State Education Department and NYSPHSAA, Inc. standards. Furthermore, there
shall be no evidence that a student, school or other interested party has
influenced the assignment of the foreign exchange student to a school for
athletic purposes.
IV. Eligibility for Shared Services Students
New York State Public High School Athletic Association
Eligibility Regulations indicate that a student in a shared services part time
or full time program, taking the equivalent of four subjects including physical
education, is considered as being registered in the home (sending) school and
therefore, eligible to participate in the interscholastic athletic program in the
home (sending) school. Exceptions to this rule must be approved by Section XI.
The Section XI Executive Board has established a simplified procedure to
facilitate the approval of such exceptions:
1. Approval is required by both the "sending" and
"host" school superintendents in order for a shared services student
to participate in athletics at a "host" school. All other eligibility
standards must be met prior to the superintendent's approval.
2. The completed request form is to be forwarded to the office of
the Executive Director for final approval.
V. Eligibility Violation
In the event that a school becomes aware that it has been
using an ineligible player(s), it shall be the duty of that school to report at
once to the Executive Director of the Association, and it shall be the duty of
the Executive Director to declare all games forfeited in which this player(s) participated.
* If the student has attended more than one high school during this time,
documentation from each school must be presented.