Skip to Page Content
Delaware.gov  |  Text OnlyGovernor | General Assembly | Courts | Elected Officials | State Agencies
 Photo: Featured Delaware Photo
 
 
 Phone Numbers Mobile Help Size Print Email

Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsNovember 2018

Authenticated PDF Version

14 DE Admin. Code 1009
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 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 adding two defined terms to subsection 1.1; 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 twelve 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 1009 DIAA High 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 1009 DIAA High School Interscholastic Athletics.
For the foregoing reasons, the Department concludes that it is appropriate to amend 14 DE Admin. Code 1009 DIAA High 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 1009 DIAA High School Interscholastic Athletics attached hereto as Exhibit "B" is hereby amended.
The text of 14 DE Admin. Code 1009 DIAA High 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 1009 DIAA High 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 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" 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.
"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.
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.
2.3.4.1 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 (the High School Transfer Rule), including subsection 2.4.7 (Transfers under the School District Enrollment Choice Program).
2.3.4.2 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).
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.
3.0 Physical Examinations, Concussion Protocol, Weight Control Program 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 (M.D.MD or D.O.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 2.10.
3.1.2 A DIAA approved form certifying the examination as well as the parent's, legal guardian's, or Relative Caregiver’s consent, shall be on file with the administrative head of the school Administrative Head of School prior to the student participating in a practice, scrimmage, or game.
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 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 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 Wrestling Weight Control Program
3.2.13.3.1 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.
3.2.1.13.3.1.1 Wrestlers must certify at their minimum weight class on or before the last competition date for wrestling in order to be eligible to participate at their minimum weight class in the dual meet and state tournaments series including qualifying tournaments.
3.2.23.3.2 The Delaware Wrestling Weight Control Program includes an online roster management program utilizing the National Wrestling Coaches Association weight management program. The program creates an “alpha master roster” which must be presented to the opposing coach or tournament director prior to weighing in. Each DIAA member school shall have access to the alpha master roster of all DIAA member schools.
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 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.
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.
7.0 Certified, Emergency, and Volunteer Coaches, Student Teaching and Coaching, 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 regular school year or whose professional assignment is less than 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 their coaching assignment shall not be considered an emergency coach by DIAA.
7.2.1.2 Certified 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.
7.2.3.3.1 Emergency coaches must be officially appointed by the local Board of Education. The superintendent Superintendent or their his or her 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 The Emergency Coaches coaching salary must be paid exclusively by the local Board of Education.
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.
7.37.5 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 varsity or subvarsity 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. 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.
7.5.1.17.6.1.1 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 they coach 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 he/she 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 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.
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.
Last Updated: December 31 1969 19:00:00.
site map   |   about this site   |    contact us   |    translate   |    delaware.gov