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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsMarch 2018

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14 DE Admin. Code 1009
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 1009 DIAA High 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 1009. The amendments include revising the eligibility requirements for foreign exchange and international students in subsection 2.8; 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 1009 DIAA High School Interscholastic Athletics in order to revise the eligibility requirements for foreign exchange and international students; 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 1009 DIAA High School Interscholastic Athletics. Therefore, pursuant to 14 Del.C. §§122(b) and 303(a), 14 DE Admin. Code 1009 High 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 1009 DIAA High 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 1009 DIAA High 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 1009 High 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 ProgramorIEPmeans 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 School" 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) 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.
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, the student’s custodial parent or legal guardian or Relative Caregiver is a full time employee of that district.
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 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 Delaware School 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.
“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.
2.3.4 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 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. 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.
First year of eligibilitymeans the school year during which a student first becomes eligible for and participates in high school interscholastic athletics and ending on the day prior to the first day of school of the student’s second year of eligibility.
One school year means the number school attendance days or required hours in a school year as adopted by the student’s district or school (i.e. 180 attendance days).
Previous participation means having participated in interscholastic athletics at the high school level, including eighth grade students pursuant to 14 DE Admin. Code 1009-2.7.3 and students enrolled in grades 9 through 12.
Receiving school means the school a student transfers to after leaving his or her previous school.
Second year of high school eligibility means the next school year after a student first becomes eligible for and participates in high school interscholastic athletics and includes sophomores, repeating freshmen, and freshmen who participated during the eighth grade.
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 receiving school’s established registration process.
2.4.4.1 A student, the student's family, and the student's receiving school are not required to submit a waiver request and establish the conditions for granting a waiver set forth in subsection 9.1.1 of 14 DE Admin. Code 1006, including hardship, and the period of ineligibility shall not apply if the student meets one of the following exceptions and the student's transfer was not for athletic advantage as provided in subsection 2.4.6 of this regulation:
2.4.7.1 Pursuant to 14 Del.C. §410(a), if a student was enrolled in a traditional public, vocational, or charter school outside of the student's feeder pattern through the School District Enrollment Choice Program during the preceding school year and the student transfers to and enrolls in grades 10, 11, or 12 at a different traditional public, vocational, or charter school outside of the student's feeder pattern through the program, the student shall be ineligible to participate in interscholastic athletic contests or competitions during the student's first year of enrollment at the receiving school.
2.7.3.1 "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, or 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.
2.7.3.1.3 The burden of proof rests with the student in conjunction with the waiver process as described in Section 9.0 of 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, their parent(s), legal guardian(s) or Relative Caregiver sought assistance to ameliorate the effects of the hardship condition.
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 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.
2.10.4 If an ineligible athlete participates in interscholastic competition contrary to DIAA rules, but in accordance with a temporary restraining order or injunction against 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.
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 or after December 26th each year for wrestlers who have certified at their approved minimum weight class. Wrestlers shall not receive the two pound growth allowance until they have certified at their minimum weight.
5.3.1.2 A member school which does not pay all fines incurred during the school year by July1st shall be ineligible to participate in a state championship event in any sport during the following school year until such time as all fines are paid.
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 varsity or subvarsity teams of the school at which they coach or transfer students from other schools who play the coach’s sport. 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.
7.5.2 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 he/she coaches. 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
8.1 Required Use of Officials
8.1.1 Member Schools and tournament sponsors shall be required to use officials recognized and approved by DIAA for interscholastic contests. Use of non-approved officials without permission from the Executive Director shall result in the school or tournament sponsor being assessed a $100.00 fine per game per non-approved official.
8.1.1.1 In the case of emergencies, such as an act of God, refusal by an association to work games, or a shortage of qualified officials, Member Schools which desire to use other than approved officials must obtain permission from the Executive Director.
8.1.2 If more than one association is approved to officiate a particular sport, a conference or, in the absence of a conference affiliation, an individual school shall determine which association shall provide the officials for its home contests.
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 (1) 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 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 Member Schools; input from member schools Member 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 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 association with full state tournament consideration equal to any existing associations(s) 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 association.
8.1.9.38.2.9.3 Re-approved conditionally with state tournament consideration based upon the Sport sport worked.
8.1.9.48.2.9.4 Completely approved with full state tournament consideration equal to any existing associations(s) association(s).
8.3.5 If, for a legitimate reason which is documented by the president of the 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 their the official’s attendance at the clinic.
8.4 Tournament Fees
Last Updated: December 31 1969 19:00:00.
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