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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsDecember 2015

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14 DE Admin. Code 1009
Education Impact Analysis Pursuant To 14 Del.C. §122(d)
A. Type of Regulatory Action Required
B. Synopsis of Subject Matter of the Regulation
The Secretary of Education seeks the consent of the State Board of Education to amend 14 DE Admin. Code 1009 DIAA High School Interscholastic Athletics. This regulation was originally published on July 25, 2015 and August 1, 2015 in the News Journal and Delaware State News, with proposed amendments which incorporated the ability for the DIAA Board to waive the age rule for students with disabilities; updated the transfer rule in choice schools; addressed schools that close or discontinue a sport; amended eighth grade participation regulations in order to limit eighth grade transfers for athletics; expand participation for international students; amended pre-participation medical examination requirements to provide parents a better opportunity to use insurance for the required examination; updated wrestling weight control protocol; better aligned practice regulations with national best practice models; provided member schools with a policy for transgendered students participating on interscholastic athletic teams; mandated an approved concussion course for coaches; and made other non-substantive changes to improve readability. Comments were received from the State Council for Persons with Disabilities (SCPD) and the Governor’s Advisory Council for Exceptional Citizens, and a thorough review was done by the DIAA Board of Directors. Revisions made as a result of comments received are: (1) the definition of “Student with a Disability” has been changed to include students with 504 plans; (2) the Department clarified language regarding the conditions for students who play sports outside of their school noting that the regulation is not to be construed as prohibiting schools from providing transportation or school supplied assistive technology and equipment to or for non-school activities for students with disabilities; (3) a definition of Superintendent was added; and (4) language was also added regarding the eligibility of a child in DSCYF custody. Other minor grammatical changes were made throughout the regulation. This is part of a series of comprehensive reviews and updates to be made to all DIAA regulations.
C. Impact Criteria
1. Will the amended regulation help improve student achievement as measured against state achievement standards? The amended regulation is related to the Delaware Interscholastic Athletic Association and does not directly affect any changes to student achievement as measured against the state achievement standards.
2. Will the amended regulation help ensure that all students receive an equitable education? The regulation is related to the Delaware Interscholastic Athletic Association and does not directly affect any changes to students’ ability to receive an equitable education.
1.51 Definitions
Administrative Head of Schoolmeans the chief or head individual in charge of the school traditionally referred to or generally known as the principal or headmaster.
Attendance Zone means the geographical area set by law or the governing body of a public school that entitles a student to attend a certain public school.
Board means the Delaware Interscholastic Athletic Association Board of Directors established pursuant to 14 Del.C. Chapter 3.
Department means the Delaware Department of Education.
Guardian or Legal Guardian means an individual who legally has responsibility for the care and management of the student during the student’s minority. The relationship is a legal one and must be created by a court order signed by a judge, commissioner, or master of a court of competent jurisdiction.
Individualized Education Program” or “IEPmeans a written statement for a child with a disability as defined in 14 DE Admin. Code 922.
Legally in attendance means present at school as determined by a pre-established written policy adopted by the local school board or governing body of the school.
Member Sschool" means a full or associate member school of the DIAA.
Principalor Headmastermeans the Administrative Head of School and includes but is not limited to Head of School, Administrator, Executive Director, or Charter Head.
Relative Caregiver” means, pursuant to 14 Del.C. §202(f)(1), an adult who, by blood, marriage or adoption, is the child’s great grandparent, grandparent, step grandparent, great aunt, aunt, step aunt, great uncle, uncle, step uncle, step parent, brother, sister, step brother, step sister, half brother, half sister, niece, nephew, first cousin or first cousin once removed but who does not have legal custody or legal guardianship of the student.
School day(s) shall means actual school attendance days during the regular academic school year including a partial day that students are in attendance at school for instructional purposes as adopted by the district or governing body of the school not to include weekends, holidays, summer school, etc.
State Board means the State Board of Education of the State of Delaware pursuant to 14 Del.C. §104.
Student With a Disability” means a “child with a disability” as that term is defined in 14 DE Admin. Code 922 or Section 504 of the Rehabilitation Act of 1973.
Superintendent” means the chief school officer of a school district.
1.12 National Federation of High School Associations
1.12.1 DIAA is affiliated with the National Federation of State High School Associations (NFHS). The playing rules, codes of conduct, sanctions, and other rules of guidelines in the NFHS rules books are adopted except as modified by the DIAA Board of Directors.
1.12.1.1 The playing rules of the United States Tennis Association, the United States Golf Association, and the United States Lacrosse Association are adopted for the sports of tennis, golf, and girls' lacrosse respectively except as modified by the DIAA Board of Directors.
1.23 Conferences
1.23.1 Member schools may establish voluntary conference organizations that may be composed of public and nonpublic schools. When established, they must submit their conferences’ proposed membership and its constitution and bylaws to the DIAA Board of Directors and be approved by the DIAA Board of Directors before the schools may enter into any contractual agreements.
1.23.1.1 All subsequent amendments to the constitution and bylaws of the conferences must be compatible with all provisions of the DIAA Regulations; interpretations and with the rulings of the Executive Director, Sportsmanship Committee, and Board of Directors; state tournament regulations; and DIAA approved playing codes.
1.34 Contracts
1.34.1 Contracts between DIAA member schools or between DIAA member schools and full member schools of comparable state associations are encouraged but not required.
1.34.1.1 Conference master contracts are approved substitutes for individual contracts.
1.34.1.2 In the case of a dispute and provided either a signed individual contract or conference master contract was received in the DIAA office or postmarked prior to the contest in question, appeal may be made to the Executive Director or the DIAA Board of Directors which, after review of the circumstances, may assign an appropriate penalty.
1.34.1.2.1 Without a signed individual contract or conference master contract, a member school has no right of appeal to the Executive Director or the DIAA Board of Directors.
1.34.2 Contracts between DIAA member schools and nonmember or associate member schools of comparable state associations are required.
1.34.2.1 A copy of the signed contract must be either received by the Executive Director or postmarked prior to the contest for which the agreement was drawn up. Failure to file a signed contract as prescribed shall result in the DIAA member school being assessed a $50.00 fine.
1.34.2.2 In the case of a dispute, a member school has no right of appeal to the Executive Director or the DIAA Board of Directors unless a signed individual contract is in place.
1.34.3 Contracts shall be interchanged according to the following provisions:
1.34.3.1 Contracts on the accepted form shall be arranged by the competing schools for each season's interscholastic athletic contests.
1.34.3.2 Contracts shall be drawn up by the faculty manager or other designated staff member of the home school of the earlier varsity contest.
1.34.3.3 A signed contract or any part thereof may not be nullified or modified except by mutual agreement of both schools involved.
1.34.4 If a game is not played, it shall be considered a “no contest.” Notwithstanding the above, if a signed individual contract or conference master contract was received in the DIAA office or postmarked prior to the contest in question, and one of the participating schools breached the agreement, the non-breaching school may appeal for a forfeit to the Executive Director or the DIAA Board of Directors. If the Executive Director or Board finds a forfeit is appropriate, the no contest shall be replaced with the forfeit.
1.34.4.1 If a game is not played because an out of state opponent qualifies for its state championship series and the date of the playoff game conflicts with the date of the regular season game, a forfeit shall not be awarded.
1.45 Equivalency Rules
1.45.1 A full member school shall not participate in a scrimmage or contest with an in state school that is not a member in good standing of DIAA.
1.45.1.1 Scrimmage shall be defined in as: an informal competition between schools in which the officials are not compensated, a final score is not kept, the time periods are permitted to be modified, the results of the competition are not reported to the media, the coaches are permitted to interrupt the play to provide instruction and the competition is strictly for practice purposes. All participating schools must consider the event to be a scrimmage and therefore cannot count the results as part of their regular season results.
1.45.2 A full member school shall not participate in a scrimmage or contest with an associate or non member school of another state association unless the opposing school, as part of a written contract, certifies that its contestants are eligible under the rules of its home state association.
1.45.3 An associate mMember school shall not participate in a scrimmage or contest with an associate or non mMember school of another state association unless the opposing school complies with the conditions specified in 1.45.2. However, the opposing school shall be exempt from those rules which DIAA has waived for its associate member school.
1.45.4 Member schools shall not participate in a practice, scrimmage, or contest with a non school sponsored team.
1.45.5 Member schools shall not participate in a practice, scrimmage, or contest with post graduate students or college students. This provision shall not apply to games played against the alumni or faculty of the school when the game is sponsored by school authorities.
1.45.6 Member schools shall not participate in a practice, scrimmage, or contest with a non-high school team.
1.45.7 A school which participates in a game against an illegal opponent shall be required to forfeit the contest and be assessed a $500.00 fine.
2.1.1 Students who become 19 years of age on or after June 15 immediately preceding the school year the student’s year of participation shall be eligible for all sports during the current school year 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.
2.2.1 With the exception of boarding school students, a student must be living with his/her their custodial parent(s), legal guardian(s), or Relative Caregiver in the attendance zone of the school which he/she the student attends, or be a student 18 years of age or older and living in the attendance zone of the school which he/she the student attends (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 he/she the student has been attending after his/her 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 his/her their current school and thereby not lose athletic eligibility. If a student chooses to remain at his/her their current school and then transfers to the school in his/her a new attendance zone on or after the first official student day of the subsequent academic year, he/she the student shall be ineligible under Section 2.4.
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 his/her their present school,. tThe student shall retain his/her 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 his/her their senior year at the school he/she 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 refer 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 he/she the student attends if the student is participating in the Delaware School Choice Program as authorized by 14 Del.C., Ch.4.
2.2.1.5 A student who is a non resident of Delaware shall be eligible to attend a public school, charter school or career technical school if, in accordance with 14 Del.C. §607, his/her the student’s custodial parent or legal guardian or Relative Caregiver is a full time employee of that district.
2.2.1.6 Notwithstanding 2.2.1, a student shall be eligible at a public or career technical school if he/she 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 him/her the Relative Caregiver as the student’s legal guardian.
2.2.1.7 A student who reaches the age of majority (18) and leaves his/her their parents' place of residency and jurisdiction thereof, and moves to another attendance zone to continue his/her 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 Delaware School Choice Program, as authorized by 14 Del.C. Ch. 4, provided the student’s choice application was properly submitted prior to his/her a change of residence.
2.3.1 A student must be legally enrolled in the high school which he/she they represents in order to participate in a practice, scrimmage or contest.
2.3.2 A student who attends two (2) different schools during the regular school day shall be eligible to participate only at the school at which he/she the student is receiving instruction in the core academic areas, and at which he/she is satisfying the majority of his/her graduation requirements; not a school at which he/she is they are receiving only specialized educational instruction such as vocational training.
“Campus” means a contiguous land area containing one or more school buildings.
“Special School or Program” means a school or program approved by the Department of Education with the approval of the State Board of Education to serve students with disabilities, but does not include alternative schools.
“Student With a Disability” means a “child with a disability” as that term is defined in 14 DE Admin. Code 922.
2.3.4 A student who is participating in the Delaware School Choice Program, as authorized by 14 Del.C. Ch. 4, is obligated to attend the choice school for a minimum of two (2) years unless the students custodial parent(s), legal guardian(s) or Relative Caregiver relocate to a different school district or the student fails to meet the academic requirements of the choice school. If a student attends a choice school for less than two (2) years and subsequently returns to his/her their home school, the student must receive a release from the “choice district” in order to legally enroll at his/her their home school. Without a release, the student would not be eligible legally enrolled and consequently would be ineligible to participate in interscholastic athletics. Notwithstanding this section, the transfer regulation still applies to all students participating in the Delaware School Choice Program who transfer to another school regardless of whether they are released by the sending school or are not released.
2.3.8 An ineligible student who practices in violation of 2.3.1 through 2.3.7 shall, when he/she regainsing his/her eligibility, be prohibited from practicing, scrimmaging, or competing for an equivalent number of days.
First year of eligibilitymeans the school year a student first enters ninth grade and ends the day prior to the first day of school of their second year of eligibility.
One school year means the number school attendance days in a school year as adopted by the district or school. (i.e. 180 attendance days)
Previous participation means having competed in interscholastic athletics 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 year after a student first enters ninth grade and includes sophomores and repeating freshman.
Sending School means the school a student transfers from to go to a different school.
Transfermeans the student has officially withdrawn from the sending school and has officially enrolled in the receiving school in accordance with the established registration process.
2.4.3.1.2 Unless one of the exceptions applies, a student who has previously participated in interscholastic athletics that transfers more than one time during their first year of eligibility, shall be ineligible in any sport for a period of ninety (90) school days commencing with the first day of official attendance in the receiving school. The period of ineligibility shall continue to the next grade/school year until 90 school days have passed.
2.4.3.2 Second year of Eligibility forward: Unless one of the exceptions applies, a student who has previously participated in interscholastic athletics, that transfers to a DIAA member school after the first day of school of their second year of high school eligibility 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 have has passed.
2.4.4.3.2.1 An exception would be a student whose rRelative cCaregiver 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 rRelative cCaregiver has provided the aforementioned required documentation or has received a signed court order designating him/her the Relative Caregiver as the student’s legal guardian.
2.4.4.3.4 If the student is in their second year of eligibility and the transfer is a result of a seat opening in the receiving school if 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
2.4.4.3.5 A student who did not participate in a sport 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.
2.4.4.3.8 The transfer is a result of the sending school closing or dropping their athletic program. any of the following: For this exception to apply, adequate documentation must be submitted to the receiving school and sent to the DIAA Executive Secretary Director for approval as sufficient.
2.4.4.3.8.3 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.
2.4.7 Pursuant to 14 Del.C. Ch. 4 a student who transfers from a school of choice to another school of choice in grades 10, 11, and 12 shall be ineligible to participate in interscholastic athletics during his/her their first year of attendance at the receiving school unless the receiving school sponsors a sport(s) not sponsored by the sending school in which case the student shall be eligible to participate in that sport(s) only.
2.5.1 A student may not participate in an interscholastic sport unless he/she is they are considered an amateur in that sport. A student forfeits his/her amateur status if he/she does they do any of the following:
2.5.1.3 Enters a competition under an assumed name. The surname and given name used by any player in his/her 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.
2.5.1.5 Receives cash or a cash equivalent (savings bond, certificate of deposit, etc.), merchandise (except as permitted by 9.1.4) 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 his/her the student’s participation in an organized competition or instructional camp or clinic. Accepting an event program or a complimentary item(s) (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 his/her the student’s amateur status.
2.5.1.7 Uses his/her 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.
2.5.3 A student who forfeits his/her 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. His/her The student may be reinstated after a period of up to the number of days in the school year provided that during the suspension, his/her the student complies with all of the provisions of this rule. The suspension shall date from the time of the last offense.
2.6.1 In order to be eligible for participation in interscholastic athletics, including practices, 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 (5) credits. Two (2) of those credits must be in the areas of English, Mathematics, Science, or Social Studies. However, in the case of a student in the twelfth grade, he/she 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.
2.6.2.2 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 credit(s) during the summer, he/she the student shall become eligible provided he/she they successfully completes the course work prior to the first official student day of the school year.
2.6.3 A student forfeits or regains his/her eligibility, in accordance with the provisions of this rule, on the day report cards are issued.
2.6.5 An ineligible student who practices in violation of 2.6.1, 2.6.2, 2.6.3 or 2.6.4 shall, when he/she upon regainsing his/her eligibility, be prohibited from practicing, scrimmaging, or competing for an equivalent number of days.
2.7.1 No student shall represent a school in an interscholastic athletic contest or scrimmage after four (4) consecutive years from the date of his/her the student’s first entrance into the ninth grade unless a waiver is granted for hardship reasons.
2.7.1.2 “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, his/her their family, or school which (1) deprive him/her the student of all or part of one of his/her their opportunities to participate in a particular sports season; and (2) preclude him/her the student from completing the academic requirements for graduation within the normal period of eligibility; and (3) deprive him/her the student of all or part of one of him/her their 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 accidents, which cause a student to fail to meet the basic requirements, are possible causes for a hardship consideration.
2.7.1.2.3 The burden of proof rests with the student in conjunction with the waiver process as described in 14 DE Admin. Code 1006.9. Claims of extended illness, debilitating injury, emotional stress, etc., must be accompanied by appropriate documentation. Evidence must be submitted to verify that the student, or him/her their parent(s), or legal guardian(s) or Relative Caregiver sought assistance to ameliorate the effects of the hardship condition.
2.7.2 Satisfactory completion of studies in accordance with promotion policies established by the local governing body shall determine when a student is beyond the eighth grade. If the eighth grade is part of the same administrative unit as grades 9 through 12, participation on the part of an eighth grade student toward five (5) years of eligibility shall be at the discretion of the individual school.
2.7.3 Limited Participation - Eighth Grade Students
2.7.34 Seventh grade students shall not be permitted to participate on high school interscholastic teams.
2.7.45 Participation of Postgraduates
2.7.45.1 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.
2.7.45.2 Postgraduates shall not be eligible to participate in interscholastic athletics. All graduates of recognized high schools shall be considered postgraduates.
2.7.45.3 A regularly enrolled student taking courses in an institution of higher education shall be eligible provided he/she meets all other DIAA requirements.
2.7.45.4 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.
2.8.1 Notwithstanding 2.2, 2.3, and 2.4, foreign exchange students and international students may be eligible to participate in interscholastic athletics upon arrival at their host school provided they have not attained the age of 19 prior to June 15 meet the age requirements and are enrolled as participants in a recognized foreign exchange program, international student program or DIAA recognized international student academic program.
2.8.1.1 Foreign Exchange (J-1) Students - For purposes of these regulations a foreign exchange student shall possess a J-1 Student visa. The J-1 student visa is for students participating in study-based exchange and visitor programs in the U.S. These programs are sponsored by an educational or other nonprofit institution, which must be accredited through the Exchange Visitor Program designated by the U.S. State Department. All foreign exchange programs which are included on the Advisory List of International Educational Travel and Exchange Programs of the Council on Standards for International Educational Travel (CSIET) and are two (2) semesters in length shall be considered as recognized. Students participating in a CSIET foreign exchange program are eligible to participate in interscholastic athletics for one school year provided they are otherwise eligible.
2.8.1.2 Students participating in programs not included on the CSIET list shall be required to present evidence that the program is a bona fide educational exchange program before it shall be considered as recognized. International (F-1) Students - For purposes of these regulations an international student shall possess an F-1 visa. An F-1 visa is issued to international non-resident alien students whose primary purpose for visiting the United States is to study fulltime at an approved institution in accordance with federal law.
2.8.2 International students who are not participating in a CSIET-recognized foreign exchange program, CSIET recognized international student 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 2.2.
2.8.3 Once enrolled, foreign exchange and other international students must shall comply with all DIAA eligibility rules with the exception of 2.2.
2.8.3.1 2.8.4 Athletic recruitment of foreign exchange students or other international students by a member school or any other entity is prohibited, and any such students recruited shall be ineligible for the duration of their attendance at a DIAA member school.
2.10.1 If a school uses an ineligible athlete, the administrative head or his/her their designee shall notify the opposing school(s) 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 game(s), match(es), and point(s) won.
2.10.2.2 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 his/her their parent(s) or legal guardian(s) knowingly withheld information or provided false information that caused him/her 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.
2.10.3 The deliberate or inadvertent use of an ineligible athlete in the sports of cross country, wrestling, swimming, track, golf, and tennis shall require the offending school to forfeit the matches won and points earned by the ineligible athlete or by a relay team of which he/she the student was a member. The points contributed by an ineligible athlete to his/her 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.
2.10.3.1 If the infraction occurs during a tournament, including a state championship, the ineligible athlete shall be replaced by his/her 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.
2.10.4 If an ineligible athlete participates in interscholastic competition contrary to DIAA rules, but in accordance with a temporary restraining order or injunction against his/her 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 2.10.1 and 2.10.2 shall be imposed.
2.10.7 If an athlete or his/her their parent(s), legal guardian(s) or Relative Caregiver knowingly withholds information or provides false information that causes him/her 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.
2.11.2 In cases of uncertainty or disagreement, the eligibility of a student shall be determined by the Executive Director. Any request from a mMember 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 mMember 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.
3.1.1 A student shall not be eligible to try out, practice, scrimmage, or compete in an interscholastic contest unless he/she has been adequately examined by a licensed physician (M.D. or D.O.), a licensed nurse practitioner, or a licensed physician's assistant verifies in writing on or after April 1 and before beginning such athletic activity for the current school year that the student has been adequately examined within the last 12 months and is cleared medically to participate. However, should any conditions found in section 3.1.3 of this regulation occur since the last examination, a reexamination is required before the student can be medically cleared. A student who participates in a contest without a preparticipation physical evaluation shall be considered an ineligible athlete and the school subject to the penalties stipulated in 2.10.
3.1.6.2 The concussion protocol shall require that any athlete removed from play for a suspected concussion must be evaluated by a qualified healthcare professional. If the qualified health care professional is unable to rule out a concussion, the athlete must be referred for further evaluation and written clearance before the athlete may return to play. A qualified healthcare professional shall be defined as a MD or DO; or school nurse, nurse practitioner, physician assistant, or athletic trainer, with collaboration and/or supervision by a MD or DO as required by their professional state laws and regulations. The qualified healthcare professional must be licensed by their state, be in good standing with the State of Delaware, and if the evaluation is provided on site, must also be approved or appointed by the administrative head of school or designee, or the DIAA Executive Director.
3.2.1 For health and safety reasons, the DIAA State Wrestling Committee has established the Delaware Wrestling Weight Control Program which requires each wrestler to establish their minimum weight class via body composition testing. The Delaware Wrestling Weight Control Program as established by the DIAA State Wrestling Committee is adopted and may be amended or updated as necessary by the Delaware Wrestling Committee with approval of the DIAA Board of Directors. The program requires hydration testing with a specific gravity not greater than 1.025, which immediately precedes the body composition assessment. A minimum weight class is determined by a body fat assessment. Male wrestlers may not compete at a weight class lower than 7% body fat and female wrestlers may not compete at a weight class lower than 12% body fat. Any wrestler’s assessment that is below seven percent for males and twelve percent for females shall require a medical release signed by a licensed physician (MD or DO). The release shall not allow a wrestler to participate at a weight class below that for which the initial assessment allows. The program restricts wrestlers to an average weight loss of 1.5 percent a week, with descent, until the wrestler has reached the minimum weight determined by the initial body composition testing. A two-pound growth allowance shall be permitted on the first Wednesday in January on or after December 26th each year for wrestlers who have certified at their approved minimum weight class. After the first Tuesday in January, no wrestler is allowed to recertify at a lower weight. Wrestlers shall not receive the two pound growth allowance until they have certified at their minimum weight.
3.2.1.31 A wrestler who is unable, prior to the first Tuesday in January, to get down to the maximum allowable weight of 285 pounds in order to compete in the heavyweight class Wrestlers must shall be permitted to certify his/her at their minimum weight class at a later date in the season but on or before the last competition date for wrestling and thereafter in order to be eligible to participate at their minimum weight class in the dual meet and state tournaments series including qualifying tournaments.
3.3.1 Provision shall be made for a qualified healthcare professional to be present at all interscholastic football games in which a mMember school participates. A qualified health care professional shall be defined as an MD or DO; or school nurse, nurse practitioner, physician assistant, or athletic trainer with collaboration and/or supervision by a MD or DO as required by their professional state laws and regulations. The qualified healthcare professional must be licensed and in good standing with the State of Delaware and must be approved or appointed by the administrative head of school or designee. The host school shall provide this service. Failure by the host school to provide this service shall result in a $250.00 fine.
4.1.1.2 No mMember school shall participate in spring football games nor shall a mMember school conduct football practice of any type outside of the regular fall sports season except when participating in the state tournament. Organized football” or “organized football practice" shall be defined as any type of sport which is organized to promote efficiency in any of the various aspects of football. Touch football, featuring blocking, tackling, ball handling, signaling, etc. shall be considered "organized football" and shall be illegal under the intent of this rule.
4.1.6 No mMember school shall participate in a post season contest without the written approval of the Executive Director.
4.2.1 Practice is defined as the time a participant engages in physical activity. Each practice session shall be no more than 2 hours in length. Warm-up, stretching, and cool-down activities are to be included as part of the practice time. All conditioning and/or weight room activities shall be considered practice. There shall never be more than two practices a day, nor more than 6 consecutive days of practices including physical activity or walk-through. On days when two practices are conducted, neither practice shall exceed two hours in length and must be separated with at least three continuous hours of recovery time between the end of the first practice and the beginning of the next practice. Students-athletes shall not participate in more than five hours of activities on practice days including a one-hour walk-through session. A walk-through shall be defined as a teaching opportunity with no protective equipment (i.e. shin guards, helmets, etc.) or equipment related to a given sport (i.e. soccer balls, field hockey sticks, etc.). Student-athletes shall have unrestricted access to drinking water and be permitted a minimum of one five-minute rest period during each hour of practice. Member schools shall comply with the heat related practice modifications posted on the DIAA website. Member schools shall conduct a minimum of 21 calendar days of practice under the supervision of the school's certified, emergency or approved volunteer coaching staff prior to the first scheduled contest in all sports.
4.3.4 The maximum number of regularly scheduled contests for each of the recognized sports, except football, shall be exclusive of conference championships, playoffs to determine tournament state berths, and the state tournament or meet. Member schools are limited to one conference championship event. In wrestling, the state meet qualifying tournaments shall count as the only permissible event in addition to the regular season and state meets. The maximum number of regularly scheduled football contests shall be exclusive of the state tournament.
5.1.1 Sponsoring Interscholastic Teams: Interscholastic competition is defined as any athletic contest between students representing two (2) or more schools. Members of school clubs who participate in non- competitive, recreational activities or compete unattached are not considered to be engaged in interscholastic competition Sstudents who are considered to be representing a school if the school does any of the following:
5.1.3.1 Level 1 or developmental sport, less than twelve (12) participating schools at the varsity level. DIAA rules and regulations shall not be in effect.
5.1.3.2 Level 2 or recognized sport, twelve (12) or more participating schools at the varsity level. Participating schools must petition the DIAA Board of Directors for official recognition of the sport.
5.1.3.3 Level 3 or championship sport sixteen (16) or more participating schools at the varsity level. Upon petition by the sport committee and adoption of a tournament proposal, DIAA shall establish a state championship.
5.1.3.4 Withdrawal of level 2 or level 3 status. If, for two (2) consecutive years, less than the required number of schools participate in a sport, DIAA may withdraw official recognition or suspend the state tournament/meet for a period of time as determined by the Board of Directors.
5.2.1 Member schools may participate in tournaments or meets involving four (4) or more schools only if the event has been sanctioned by DIAA and, if applicable, by the NFHS. Tournaments or meets shall be sanctioned in accordance with the following criteria:
6.3.2.4 The school coach may not require his/her athletes to participate in a camp or clinic, or provide instruction to his/her returning athletes in a camp or clinic except as provided in 7.5.
6.4.1 A mMember school may open its gymnasium or other facility for informal, recreational activities in accordance with the following provisions:
6.4.1.4 A coach may not predetermine that the open gym will include only his/her their sport and publicize the open gym as being restricted to that sport. It is the responsibility of the adult supervisor to permit as many different activities as the facility can effectively and safely accommodate.
6.4.1.8 Open gyms may not be limited to members of a particular team, but they are restricted to students enrolled at the school and are not available to students enrolled at other schools regardless of grade.
6.5.1 A mMember school may conduct a conditioning program in accordance with the following provisions:
6.5.1.7 Conditioning programs may not be limited to members of a particular team, but they are restricted to students enrolled at the school and are not available to students enrolled at other schools regardless of grade.
6.6.1 A student may participate on a non school team or in a non school individual event both during and out of the designated sport season. However, the student owes his/her their primary loyalty and allegiance to the school team of which he/she the student is a member. A school shall have the authority to require attendance at practices and contests and students not in compliance shall be subject to disciplinary action as determined by the school.
6.6 2.5 The school coach may not require his/her athletes to participate in non school competition or provide instruction to his/her athletes in non school competition except as in 7.5.
6.6.3 14 Del.C. §122(b)(14) requires written parental permission prior to participation on a similar team during the designated sport season. Written authorization must be on file in the student's school prior to engaging in a tryout, practice, or contest with a similar team. Consent forms shall be available in all member schools. Similar teams shall include organized intramural teams as well as non school teams in that sport.
7.1.2 All varsity head coaches (junior varsity if the school does not sponsor a varsity team) shall be required to attend the DIAA rules clinic for their sport or, if applicable, pass an open book rules examination supplied by the DIAA office. A school shall be assessed a $50.00 fine and the head coach shall be placed on probation if he/she the head coach fails to attend the DIAA rules clinic or pass the open book rules examination in his/her their respective sport. Failure to comply for a second consecutive year shall result in the school being assessed a $50.00 fine and the coach being suspended for up to five contests as determined by the Executive Director.
7.2.1 An emergency coach shall be defined as an individual who is either not certified by the Department of Education, or is certified by the Department of Education but is not employed for the regular school year or whose professional assignment is less than ½ half of the school day. An individual who meets the requirements of a certified coach but whose professional assignment is located in a different school or district than his/her their coaching assignment shall not be considered an emergency coach by DIAA.
7.2.3.3.1 He/she Emergency coaches must be officially appointed by the local Board of Education. The superintendent or his/her their designee may temporarily appoint an individual if a coaching vacancy arises and the sport season begins during the interim between meetings of the local Board of Education.
7.2.3.3.2 His/her The Emergency Coaches coaching salary must be paid exclusively by the local Board of Education.
7.5.1 From August 2nd through the first day after the last spring sport DIAA state tournament event a certified, emergency, or volunteer coach shall not be allowed to provide instruction out of the designated season in his/her their assigned sport to returning members of the varsity or subvarsity teams of the school at which he/she they coaches or transfer students from other schools who play the coach’s sport. He/she Coaches shall also be prohibited from coaching rising ninth graders (rising eighth graders if eighth grade is part of the same administrative unit as grades 9 through 12) who participated in his/her assigned sport at a feeder school. A rising ninth grader is a student who has completed eighth grade requirements, but is not yet enrolled in ninth grade. A rising eighth grader is a student who has completed seventh grade requirements, but is not yet enrolled in eighth grade.
7.5.1.1 A coach shall not be allowed to participate on a team in his/her their assigned sport with the aforementioned players.
7.5.1.2 A coach shall also be prohibited from officiating contests in his/her their assigned sport if the aforementioned players are participating except in organized league competition.
7.5.1.3 A certified, emergency, or volunteer coach shall not be allowed to provide instruction or coach during the designated season in his/her their assigned sport to current members of the varsity or subvarsity teams of the school at which he/she they coaches outside of school sponsored practices, scrimmages, and contests.
7.5.1.4 A high school coach is not permitted to coach an eighth grade student in the coach’s designated sport(s) at any time during the student’s eighth grade year.
7.5.1.5 A coach who is in violation of this section shall be suspended from coaching in the specified sport at any DIAA member school for up to the total number of days in the school year from the date the charge is substantiated.
7.5.2 From the first day after the last spring sport DIAA state tournament event through August 1st, a certified, emergency or volunteer coach shall be allowed to provide instruction in his/her their assigned sport to returning members of the varsity or subvarsity teams of the school at which he/she coaches. Instructional contact with the aforementioned returning school team members shall be subject to the following conditions:
7.5.2.1 A coach may provide instruction to an unlimited number of his/her returning school team members in formal league or tournament competition or in formal instructional camps or clinics provided the league or tournament or instructional camp or clinic is insured, organized and conducted by a non school affiliated organization.
7.5.2.3 A coach shall not receive any compensation, from any source, for the instruction of his/her their returning school team members. Reimbursement for out of pocket expenses (e.g. gas, food, lodging) incurred by returning school team members and coaches to attend leagues or tournaments or instructional camps or clinics are not prohibited provided that no local school or state educational funds are used.
8.1.2.6 A membership roster indicating the number of years of experience at the subvarsity, varsity, and state tournament levels for each member and also his/her their most recent rating in a previous association. This information must be documented and is subject to verification.
8.1.7 An approved Aassociation shall serve a minimum two year probationary Pperiod during which time the association shall be evaluated. An Aassociation designated as probationary is ineligible to provide officials to work the applicable DIAA State Tournament.
8.1.7.1.4 A comparison of the percentage of games the Aassociation worked against the percentage of games worked by other DIAA recognized officials associations in that sport.
8.1.7.1.5 A comparison of the percentage of the Aassociation’s registered officials against the number who worked Varsity level games.
8.1.7.2 The results of all evaluations shall be shared with the probationary Aassociation at the end of each season. The association shall have the opportunity to add comments to the final evaluation.
8.1.8 At the end of the minimum two-year probationary period, the Evaluation Committee shall recommend to the Board one of the following options based on the evaluations and the Probationary Association’s ability to work Vvarsity contests equal to or greater than twenty-five (25) percent of all Vvarsity contests played by mMember schools:
8.1.8.3 Re-approve conditionally with Sstate Ttournament consideration based upon the Ssport worked.
8.1.8.4 Completely approve the Association with full Sstate Ttournament consideration equal to any existing Aassociations(s).
8.1.9.3 Re-approved conditionally with Sstate Ttournament consideration based upon the Sport worked.
8.1.9.4 Completely approved with full Sstate Ttournament consideration equal to any existing Aassociations(s).
8.3.3 Failure to satisfy both requirements in the same season for two (2) consecutive years shall cause the official to lose varsity officiating status during the second season. Failure to fulfill this obligation in subsequent years shall cause the official to continue to be restricted to subvarsity contests until both requirements have been satisfied in the same season.
8.3.5 If, for a legitimate reason which is documented by the president of his/her the association, an official is unable to attend the DIAA rules interpretation clinic, he/she they may view a videotape of the DIAA clinic or, in the absence of a videotape, attend a clinic conducted by another NFHS member state association provided the following procedures are observed:
10.2.2 If a coach or athletic director is contacted by a prospective athlete or his/her their parent(s), legal guardian(s) or a Relative Caregiver, the former must refer the individual(s) to the principal or headmaster or school personnel responsible for admissions.
10.3.1.1 Discuss the athletic program with a prospective student or his/her their parent(s), legal guardian(s) or Relative Caregiver during an open house or approved visit initiated by the parent(s), legal guardian(s) or Relative Caregiver.
10.3.1.2 Provide information concerning sports offered, facilities, conference affiliation, and general athletic policies. However, he/she is they are not permitted to state or imply in any way that his/her their athletic program is superior to that of another school or that it would be more beneficial or advantageous for the prospective student to participate in athletics at his/her their school.
10.5.1 The use of influence or illegal contact including but not limited to, violations of 10.1 and 10.2 by a person(s) employed by or representing a member school including members of alumni associations, booster groups, and similar organizations to persuade, induce, or facilitate the enrollment of a student in that school for athletic purposes may render the student ineligible for up to 1 one full school year from the date the charge is substantiated. In addition, the offending school may be placed on probation, as determined by the DIAA Board of Directors, and the offending employee, if a coach, may be suspended for up to one (1) full school year from the date the charge is substantiated.
Last Updated: December 31 1969 19:00:00.
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