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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsNovember 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 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, developed the amendments to 14 DE Admin. Code 1008. The amendments include adding five defined terms to subsection 1.1; revising the Junior High and Middle School Transfer Rule (subsection 2.4), Passing Work Rule (subsection 2.6), and Years of Participation Rule (subsection 2.7) to be consistent with changes to 14 DE Admin. Code 1009 DIAA High School Interscholastic Athletics that went into effect in 2017; clarifying the concussion protocol in Section 3.0; specifying the required concussion training course for coaches in Section 7.0; adding the requirement that all football coaches complete Heads Up Football training to subsection 7.4; and revising subsection 7.6, which concerns coaching out of season, in accordance with Senate Concurrent Resolution No. 79.
Notice of the proposed regulation was published in The News Journal and Delaware State News on September 1, 2018 in the form attached hereto as Exhibit "A." In addition, notice of the proposed regulation was published in the Register of Regulations on September 1, 2018 in the form attached hereto as Exhibit "B."
On October 11, 2018, the DIAA Board of Directors considered each of the written submittals. Of the six written submittals received, it was unclear whether four concerned the proposed amendments to 14 DE Admin. Code 1008, 14 DE Admin. Code 1009, or both regulations. The four written submittals were from Mr. Gilmore, Mr. Trevisan, Ms. Mayer, and Mr. Griffin. As a result, the DIAA Board of Directors considered the four written submittals for both regulations (i.e., 14 DE Admin. Code 1008 and 14 DE Admin. Code 1009).
The DIAA Board of Directors found that further changes in response to the written submittals were not necessary and voted to propose 14 DE Admin. Code 1008 DIAA Junior High and Middle School Interscholastic Athletics, in the form that was published, for adoption by the Department subject to the State Board of Education's approval.
The Department finds that the proposed regulation is necessary to implement the provisions of 14 Del.C. Ch. 3. In addition, the Department finds that further changes in response to the written submittals are not necessary. Accordingly, the Department finds that it is appropriate to amend 14 DE Admin. Code 1008 DIAA Junior High and Middle School Interscholastic Athletics.
For the foregoing reasons, the Department concludes that it is appropriate to amend 14 DE Admin. Code 1008 DIAA Junior High and Middle School Interscholastic Athletics subject to the State Board of Education's approval. 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.
The text of 14 DE Admin. Code 1008 DIAA Junior High and Middle School Interscholastic Athletics adopted 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 Department pursuant to 14 Del.C. §§122(b) and 303(a) on October 25, 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 25th day of October, 2018.
Approved this 25th day of October, 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.
"Qualified Healthcare Professional" means a Doctor of Medicine (MD); a Doctor of Osteopathic Medicine (DO); or a school nurse, nurse practitioner, physician assistant, or athletic trainer. Qualified Healthcare Professionals shall be licensed by their state and in good standing with the State of Delaware.
"Qualified Physician" means a Doctor of Medicine (MD) or a Doctor of Osteopathic Medicine (DO) who is licensed by their state and in good standing with the State of Delaware.
"Receiving School" means the school a student transfers to after leaving his or her previous school.
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.
"Sending School" means the school a student transfers from to go to a different school.
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.
"Transfer" means 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.
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 With the exception of boarding school students, a student must be living with their custodial parent(s) legal guardian(s) or Relative Caregiver in the attendance zone Attendance Zone of the school which he/she attends 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 action. In the case of shared placement or where residential placement has not been determined by a court, the parent(s) 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 they have been attending after their legal residence changes to the attendance zone 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 their current school and thereby not lose athletic eligible. If a student chooses to remain at their current school and then transfers to the school in a new attendance zone Attendance Zone on or after the first official student day of the subsequent academic year, the student shall be ineligible under subsection 2.4.
2.2.1.2 A student who changes residence to a different attendance zone Attendance Zone after the start of the last marking period and, pursuant to established school board policy or administrative procedure, is granted permission to continue attending his/her present school, the student shall retain their athletic eligibility in that school for the remainder of the school year provided all other eligibility requirements are met.
2.2.1.3 A student may be residing outside of the attendance zone Attendance Zone of the school which they attend if the student is participating in the Delaware School Choice Program as authorized by 14 Del.C. Ch.4.
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.
2.3.3.1 Pursuant to 14 Del.C. §407(a)(2), a student who is enrolled in a traditional public, vocational, or charter school outside of the student's feeder pattern through the School District Enrollment Choice Program shall remain enrolled in the school for a minimum of two years. A waiver request is not required and the student is not ineligible under this subsection if one of the exceptions as provided in 14 Del.C. §407(a)(2) applies or the student's enrollment in the school is terminated as provided in 14 Del.C. §407. Even if a waiver request is not required and the student is not ineligible under this subsection, a waiver request may be required and the student may be ineligible under subsection 2.4 of this regulation.
2.3.3.2 Pursuant to 14 Del.C. §506(d), a student who is in his or her first year of attendance at a charter school shall remain enrolled in the charter school for a minimum of one year. A waiver request is not required and the student is not ineligible under this subsection if good cause exists as provided in 14 Del.C. §506(d).
2.4.2.3 The transfer is in accordance with 14 Del.C. §202(f), the Caregivers School Authorization.
2.4.2.4 The transfer is the result of a change in residence by the custodial parent(s), legal guardian(s) or Relative Caregiver to the attendance zone of a public school that student was not attending. If, as a result of the change of residence, the student could now enroll in a different public school, the student may make a one-time election and select any school including a private school. A change in residence has occurred when all occupancy of the previous residence has ended and a new legal residence has been established. Maintaining dual residency for purposes of athletic eligibility shall render the student ineligible.
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.
2.4.7 A student who transfers from a school of choice to either a private school, public school, or, after completing their two year commitment, to a public charter school, shall be eligible immediately provided the transfer occurs after the close of the sending school’s academic year.
2.4.3.1 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 2.4.5 of this regulation:
2.6.12.6.2 In order to be eligible for participation in interscholastic athletics, including practices, athletic contests and scrimmages, a student must pursue a regular course of study or its equivalent as approved by the local governing body, and must be passing at least four full-year courses. Two of those courses must be in the areas of English, Mathematics, Science, World Language or Social Studies.
2.6.1.1 2.6.2.1 A student who is receiving special education services and is precluded from meeting the aforementioned academic requirements due to modifications in the grading procedure or course of study, shall be adjudged eligible by the Principal or Headmaster if the student is making satisfactory progress in accordance with the requirements of their his or her Individualized Education Program (IEP).
2.6.22.6.3 A student whose work in any regular marking period does not meet the above standards shall be ineligible to participate in an interscholastic athletics, including practices, athletic contest or scrimmage for the next marking period.
2.6.2.12.6.3.1 In the case of a conflict between the marking period grade and the final grade, the final grade shall determine eligibility.
2.6.2.22.6.3.2 The final accumulation of credits passed coursework 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) passing grade(s) during the summer, they the student shall become eligible provided they he or she successfully complete completed the course work prior to the first official student day of the school year.
2.6.2.32.6.3.3 Written verification of the successful completion of a correspondence course must be received before a student shall regain their eligibility.
2.6.32.6.4 A student forfeits or regains their eligibility, in accordance with the provisions of this rule, on the day report cards are issued when marking period grades are issued or published. The calendar used to establish when marking period grades are issued or published must be established by the governing body of the school prior to the start of the school year.
2.6.42.6.5 Local school boards and nonpublic schools may establish more stringent requirements for academic eligibility than the minimum standards herein prescribed.
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.
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; (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 accidents, 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 or his or her parent(s), Legal Guardian(s), or Relative Caregiver sought assistance to ameliorate the effects of the hardship condition.
3.0 Physical Examinations, Concussion Protocol, Weight Control Programs for Wrestling and Required Medical Personnel in Attendance at All Football Games
3.1.1 A student shall not be eligible to try out, practice, scrimmage, or compete in an interscholastic contest unless a licensed physician (MD or DO), 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 subsection 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 athlete and the school shall be subject to the penalties stipulated in subsection 2.9.
3.1.4 The medical history of the student should shall be available at the time of each examination.
3.1.5 A player is temporarily ineligible to participate if the player who is otherwise properly certified to participate in interscholastic athletics but is physically unable to participate due to illness or injury for five (5) consecutive days on which a practice, scrimmage, or contest is held. Prior to resuming participation, the player must present to the administrative head of school Administrative Head of School or his or her designee, a statement from a licensed physician (MD or DO), a nurse practitioner, or a physician’s physician assistant that the player is again physically able to participate. If a player is physically unable to participate due to a head injury, the concussion protocol in subsection 3.2 shall be followed.
3.1.63.2 Concussion Protocol
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.
3.1.6.3 The concussion protocol shall require that an athlete receive written clearance to return to play when the athlete received a concussion or the qualified healthcare professional was unable to rule out a concussion. Written clearance for return to play after a concussion shall be from a qualified physician (MD/DO) only.
3.23.3 Middle School Wrestling
3.2.13.3.1 Weight Control Program - Each year, four weeks from the first day the student appears at practice, a wrestler must establish his/ her minimum weight class at a weigh in witnessed by and attested to in writing by the athletic director or a designated staff member (excluding coaches) of the school the wrestler attends. A wrestler may recertify at a lower weight during the 4 weeks from the first day they appear at practice. However, once certified at a weight, a wrestler may not weigh in more than one class above the weight of the certification without automatically recertifying at a higher weight. Once recertified to a higher weight class the wrestler can no longer recertify lower. After 4 weeks from the first practice day a wrestler may not compete in a weight class below his duly established weight class.
3.2.1.13.3.1.1 By the end of four weeks of practice, a certified team roster listing the established minimum weight class of each wrestler shall be sent to the Executive Director of DIAA. Further, duly attested notices of additions to the certified roster shall be sent to the Executive Director without delay.
3.2.23.3.2 Weight classifications and length of match shall be designated by the DIAA Board of Directors.
3.2.33.3.3 A team which begins its season in October shall receive a one pound growth allowance in November and an additional pound in December. A team which begins its season in November shall receive a one pound growth allowance in December, an additional pound in January, and a third pound in February.
3.2.43.3.4 Schools which desire to conduct their wrestling program at a time other than the specified season must request permission from the Executive Director.
3.2.53.3.5 Except as modified by this section, the current edition of the NFHS Wrestling Rules Book shall apply.
3.33.4 Required Medical Personnel In Attendance at All Football Games
3.3.13.4.1 Provision shall be made for a qualified healthcare professional Qualified Healthcare Professional to be present at all interscholastic football games in which a member school Member 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 Qualified Healthcare Professional must be approved or appointed by the administrative head of school Administrative Head of School or his or her designee. The host school shall provide this service. Failure by the host school to provide this service shall result in a $250.00 fine.
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.
7.0 Certified, and Emergency, and Volunteer Coaches, Student Teaching, and Coaching Out of Season
7.1.1 Only those professional employees certified by the Department of Education and whose salary is paid by the State or local Board of Education, or in the case of charter and nonpublic schools by a similar governing body, if acceptable as a coach by the governing body, shall coach, assist in coaching, or direct Member school teams in any district. The terms of employment must be for the regular school year and the professional assignment shall be no less than half of the school day, exclusive of coaching duties.
7.1.2.2 Certified coaches at all levels of competition shall be required to complete an approved concussion course the NFHS' "Concussion in Sports" course online through NFHSlearn.com every two years.
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 school year or whose professional assignment is less than half of the school day. An individual who meets the requirements of a certified coach as specified in subsection 7.1.1, but whose professional assignment is located in a different school or district than his/her coaching assignment shall not be considered an emergency coach by DIAA.
7.2.1.2 Emergency coaches at all levels of competition shall be required to complete an approved concussion course the NFHS' "Concussion in Sports" course online through NFHSlearn.com every two years.
7.47.3 Volunteer Coaches
7.4.17.3.1 In addition to the members of the school's regular coaching staff, the local governing body may supplement a school's coaching staff with volunteer coaches. Volunteer coaches are individuals who donate their services to a school, and who have been approved by that school's local governing body, and who are supervised by a certified or emergency coach. A current list of approved volunteer coaches shall be on file in the school's administrative office before any coaching duties are assumed. Volunteer coaches at all levels of competition shall complete the NFHS' "Concussion in Sports" course online through NFHSlearn.com every two years.
7.4 Football Coaches
7.37.5 Student Teaching and Coaching
7.3.17.5.1 Students who are practice teaching in a Member school shall be permitted to assist in all professional activities during their practice teaching period.
7.57.6 Coaching Out of Season
7.5.17.6.1 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 his or her 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 any student registered in the school at which he or she coaches.
7.5.1.17.6.1.1 A coach shall not be allowed to participate on a team in their his or her assigned sport with the aforementioned players.
7.5.1.27.6.1.2 A coach shall also be prohibited from officiating contests in their his or her assigned sport if the aforementioned players are participating except in organized league competition.
7.5.1.2.17.6.1.2.1 The league shall not be organized, and conducted, and funded by the employing school, the employing school’s booster club, or the employing school’s coaching staff.
7.5.1.2.27.6.1.2.2 The league shall have written rules and regulations that govern the conduct of contests and establish the duties of contest officials.
7.5.1.2.37.6.1.2.3 The league shall have registration and entry procedures, forms, and fees; eligibility requirements; and fixed team rosters, team standings, and a master schedule of contests.
7.5.1.37.6.1.3 A certified, emergency, or volunteer coach shall not be allowed to provide instruction or coach during the designated season in their his or her assigned sport to current members of the varsity or subvarsity teams of the school at which he/she he or she coaches outside of school sponsored practices, scrimmages, and contests.
7.5.1.47.6.1.4 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.
7.5.27.6.2 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 his or her assigned sport to returning members of the varsity or subvarsity teams all accepted and registered students of the school at which they coach he or she coaches. Instructional contact with the aforementioned returning school team members all accepted and registered students must be approved by the member school and shall be subject to the following conditions:
7.5.2.37.6.2.3 A coach shall not receive any compensation, from any source, for the instruction of 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.
7.5.2.67.6.2.6 A coach in violation of this section shall be suspended from coaching in the specific 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.
Last Updated: December 31 1969 19:00:00.
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