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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsMarch 2018

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14 DE Admin. Code 1008
Pursuant to 14 Del.C. Sections 122(b) and 303(a), the Secretary of Education ("Secretary") seeks the approval of the State Board of Education to amend 14 DE Admin. Code 1008 DIAA Junior High and Middle School Interscholastic Athletics. The Delaware Interscholastic Athletic Association ("DIAA"), working in consultation and cooperation with the Department of Education ("Department"), developed the amendments to 14 DE Admin. Code 1008. The amendments include adding subsection 8.1.2, which specifies that if the DIAA recognizes multiple officials associations for a particular sport, a conference or an individual school, in the absence of a conference affiliation, determines the officials association that officiates its home contests; clarifying, in subsection 8.2.9, that the DIAA Board of Directors ("DIAA Board") considers an officials association's petition and the Evaluation Committee's recommendation in deciding whether to recognize and approve the association; adding subsection 8.2.10, which requires officials associations that have been approved by the DIAA Board to submit an annual written report to the DIAA Officials' Committee; adding subsection 8.2.11, which provides the DIAA Officials' Committee's standard and procedure for reviewing an officials association's annual report; and replacing the option of viewing a videotape of a DIAA clinic with completing an online course in subsection 8.3.5.
Notice of the proposed regulation was published in the News Journal and the Delaware State News on January 1, 2018, in the form hereto attached as Exhibit "A." In addition, notice of the proposed regulation was published in the Register of Regulations on January 1, 2018. The Department did not receive written comments regarding the proposed changes.
The Secretary finds that it is appropriate to amend 14 DE Admin. Code 1008 DIAA Junior High and Middle School Interscholastic Athletics in order to add the requirement that a conference or an individual school, in the absence of a conference affiliation, determines the officials association that officiates its home contests if the DIAA recognizes multiple officials associations for a particular sport; clarify that the DIAA Board considers an officials association's petition and the Evaluation Committee's recommendation in deciding whether to recognize and approve the association; add the requirement that officials associations that have been approved by the DIAA Board submit an annual written report to the DIAA Officials' Committee; add the standard and procedure for reviewing an officials association's annual report; and replace the option of viewing a videotape of a DIAA clinic with completing an online course for officials who are unable to attend a DIAA rules interpretation clinic.
For the foregoing reasons, the Secretary concludes that it is appropriate to amend 14 DE Admin. Code 1008 DIAA Junior High and Middle School Interscholastic Athletics. Therefore, pursuant to 14 Del.C. §§122(b) and 303(a), 14 DE Admin. Code 1008 DIAA Junior High and Middle School Interscholastic Athletics attached hereto as Exhibit "B" is hereby amended. Pursuant to the provision of 14 Del.C. §122(e), 14 DE Admin. Code 1008 DIAA Junior High and Middle School Interscholastic Athletics hereby amended shall be in effect for a period of five years from the effective date of this order as set forth in Section V below.
The text of 14 DE Admin. Code 1008 DIAA Junior High and Middle School Interscholastic Athletics amended hereby shall be in the form attached hereto as Exhibit "B," and said regulation shall be cited as 14 DE Admin. Code 1008 DIAA Junior High and Middle School Interscholastic Athletics in the Administrative Code of Regulations for the Department of Education.
The actions hereinabove referred to were taken by the Secretary pursuant to 14 Del.C. §§122(b) and 303(a) on February 15, 2018. The effective date of this Order shall be ten (10) days from the date this Order is published in the Register of Regulations.
IT IS SO ORDERED the 15th day of February, 2018.
Approved this 15th day of February, 2018.
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 Programor 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 school means a full or associate member school of the DIAA.
PrincipalorHeadmaster means the Administrative Head of School and includes but is not limited to Head of School, Administrator, Executive Director, or Charter Head.
Relative Caregiver” means 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, stepparent, brother, sister, stepbrother, stepsister, 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) 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 a qualified person with a disability under Section 504 of the Rehabilitation Act of 1973.
Superintendent” means the chief school officer of a school district.
1.5.6 Member schools shall not participate in a practice, scrimmage, or contest with elementary, high school or college-aged 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.
2.2.1.4 A student who is a non resident of Delaware shall be eligible to attend a public school if, in accordance with 14 Del.C. §607, their custodial parent, legal guardian or Relative Caregiver is a full time employee of that district.
2.2.1.5.1 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 them as the student’s legal guardian.
“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.
2.3.3 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 student’s 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 years and subsequently returns to their home school, the student must receive a release from the choice district in order to legally enroll at their home school. Without a release, the student would not be legally enrolled and consequently would be ineligible to participate in interscholastic athletics.
2.4.2.3 The transfer is in accordance with 14 Del.C. §202(f), the Caregivers School Authorization.
2.4.6 A student who transfers from a public, private, or charter school to a school of choice, as authorized by 14 Del.C., Ch. 4 shall be eligible immediately provided the transfer occurs after the close of the sending school's academic year and prior to the first official student day of the receiving school's academic year.
2.7.1 No student shall represent a school in an interscholastic athletic contest or scrimmage after four (4) consecutive semesters from the date of their first entrance into the seventh grade in schools which restrict participation in interscholastic athletics to students in grades 7 and 8 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, their family, or school which (1) deprive them of all or part of one of their opportunity to participate in a particular sports season; (2) preclude them from completing the academic requirements for graduation within the normal period of eligibility; and (3) deprive them of all or part of one of 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. 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 their parent(s), legal guardian(s) or Relative Caregiver sought assistance to ameliorate the effects of the hardship condition.
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.
6.6.3 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.
7.5.1 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 their assigned sport to returning members of the teams of the school at which they coach, or transfer students from other schools who play the coach’s sport.
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 their assigned sport to returning members of the varsity or subvarsity teams of the school at which they coach. Instructional contact with the aforementioned returning school team members shall be subject to the following conditions:
8.0 [Recognition of Officials’ Associations,] Required Use of Officials[, Recognition of Officials' Associations,] and Attendance at Rules Clinics
8.18.2 Recognition of Officials’ Associations
8.1.18.2.1 The officiating of interscholastic contests in the state of Delaware which involve one or more member schools Member Schools shall be under the control of the DIAA and such control may include, but not be restricted to, giving examinations, evaluating officials, setting game fees, determining the number of officials per game, and assigning officials.
8.1.28.2.2 An official’s officials’ association which desires to officiate middle school and high school contests and competitions shall request recognition and approval from DIAA by submitting the following documents to the DIAA Officials' Committee:
8.1.2.18.2.2.1 A letter of request to be recognized by DIAA and indicating the association's willingness to abide by DIAA the Department’s rules and regulations. The president of the requesting officials’ association or their his or her designee shall petition the DIAA Board of Directors to render a decision.
8.1.2.28.2.2.2 A brief history of the association including but not limited to the officiating experience (if any) of the members and if a new association is being formed, the purpose for which the association is being formed.
8.1.2.38.2.2.3 A copy of the association's constitution and bylaws including a statement that it does not discriminate on the basis of age, gender, race, religion, etc.
8.1.2.48.2.2.4 A description of the association's evaluation and rating system.
8.1.2.58.2.2.5 A description of the association's recruiting and training programs for new members.
8.1.2.68.2.2.6 A membership roster indicating the number of years of experience at the subvarsity, varsity, and state tournament levels for each member and also their most recent rating in a previous association. This information must be documented and is subject to verification.
8.1.2.78.2.2.7 Letters of recommendation or names of references from leagues which the association has serviced during their its existence.
8.1.38.2.3 The Officials' Committee shall review the aforementioned documents and meet with the officers of the association to discuss their petition.
8.1.48.2.4 The Officials' Committee shall reserve the right to may consult with any other interested parties during the evaluation process.
8.1.58.2.5 The Officials' Committee shall report its findings to the DIAA Board of Directors and recommend that the officials' association be granted recognition, granted recognition with conditions, or denied recognition.
8.1.68.2.6 The Board of Directors shall consider the petition for recognition and the Official’s Committee Officials’ Committee’s recommendation and make a decision to approve or deny the request. The petitioner may request an evidentiary hearing be held before the Board pursuant to the procedures in 1006.10.1.3.2 subsection 10.1.3.2 of 14 DE Admin. Code 1006. The Board shall decide if the petitioning officials association shall be granted recognition, granted recognition with conditions, or denied recognition.
8.1.78.2.7 An approved association shall serve a minimum two year probationary period during which time the association shall be evaluated. An association designated as probationary is ineligible to provide officials to work the applicable DIAA State Tournament.
8.1.7.18.2.7.1 Members of the Officials’ Committee and the applicable Sport Committee shall comprise the Officials Association Evaluation Committee (Evaluation Committee). The new officials association shall be evaluated according to the following criteria:
8.1.7.1.18.2.7.1.1 Total number of games worked at the varsity level.
8.1.7.1.28.2.7.1.2 Total number of officials who worked games at the varsity level.
8.1.7.1.38.2.7.1.3 Total number of member schools Member Schools who contracted the services of the association.
8.1.7.1.48.2.7.1.4 A comparison of the percentage of games the association worked against the percentage of games worked by other DIAA recognized officials associations in that sport.
8.1.7.1.58.2.7.1.5 A comparison of the percentage of the association’s registered officials against the number who worked varsity level games.
8.1.7.1.68.2.7.1.6 A comparison of the ratio from 8.1.7.1.5 subsection 8.2.7.1.5 against any existing association(s)’ same ratio.
8.1.7.1.78.2.7.1.7 In addition, the evaluation may be based on any other available information which may include but is not limited to: the associations ability to work a minimum of 25 percent of all varsity contests played by DIAA member schools Member Schools in that sport; written complaints by contracted schools; evaluations by Member schools Schools; input from Member schools Schools; or any other relevant information.
8.1.7.28.2.7.2 The results of all evaluations shall be shared with the probationary association at the end of each season. The association shall have the opportunity to add comments to the final evaluation.
8.1.88.2.8 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 probationary association’s ability to work varsity contests equal to or greater than twenty-five (25) percent of all varsity contests played by member schools Member Schools:
8.1.8.18.2.8.1 Re-approve conditionally for another year on probationary status.
8.1.8.28.2.8.2 Disapprove so as to no longer remain as an approved association.
8.1.8.38.2.8.3 Re-approve conditionally with state tournament consideration based upon the sport worked.
8.1.8.48.2.8.4 Completely approve the association with full state tournament consideration equal to any existing association(s).
8.1.98.2.9 The Board of Directors shall consider the petition for recognition and the Official’s Committee Evaluation Committee’s recommendation and make a decision. The probationary officials association may request an evidentiary hearing be held before the Board pursuant to the procedures in 1006.10.1.3.2 subsection 10.1.3.2 of 14 DE Admin. Code 1006. The Board shall decide if the petitioning officials association shall be:
8.1.9.18.2.9.1 Re-approved conditionally for another year on probationary status.
8.1.9.28.2.9.2 Disapproved so as to no longer remain as an approved association.
8.1.9.38.2.9.3 Re-approved conditionally with state tournament consideration based upon the sport worked.
8.1.9.48.2.9.4 Completely approved with full state tournament consideration equal to any existing association(s).
8.3.5 If, for a legitimate reason which is documented by the president of their association, an official is unable to attend the DIAA rules interpretation clinic, they the official may view a videotape of the DIAA clinic complete an online course or, in the absence of a videotape an online course, attend a clinic conducted by another NFHS member state association provided the following procedures are observed:
8.3.5.1 No later than the day of the DIAA rules interpretation clinic, the president of the association notifies shall notify the Executive Director DIAA office, in writing, of the official's inability any officials who are unable to attend the clinic.
8.3.5.2 The out of state clinic is shall be conducted by an individual either trained by the NFHS or designated as a clinician by the state's athletic association.
8.3.5.3 The official arranges shall arrange for a letter to be sent to the Executive Director from the state's athletic association office verifying his/her the official’s attendance at the clinic.
Last Updated: December 31 1969 19:00:00.
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