DEPARTMENT OF EDUCATION

Office of the Secretary

Statutory Authority: 14 Delaware Code, Sections 122(b)(15) and 303 (14 Del.C. §§122(b)(15) & 303)

14 DE Admin. Code 1040

FINAL

ORDER

1040 Out-of-Season and Summer Athletic Activities and Contact

I. SUMMARY OF THE EVIDENCE AND INFORMATION SUBMITTED

Pursuant to 14 Del.C. §§122(b)(15) and 303, the Delaware Interscholastic Athletic Association Board of Directors ("DIAA Board"), acting in consultation and cooperation with the Delaware Department of Education ("Department"), developed amendments to 14 DE Admin. Code 1040 Out-of-Season and Summer Athletic Activities and Contact. The regulation concerns the requirements for activities and contact outside of the regular season and during the summer at the middle and high school levels. The proposed amendment is to add an exception for team camps during the summer to subsection 8.3.2.8. The proposed amendment was reviewed by the Public Integrity Commission on November 21, 2023 and the Commission did not see an issue with the change.

Notice of the proposed regulation was published in the Register of Regulations on January 1, 2024. The DIAA Board did not receive any written submittals concerning the proposed regulation.

II. ASSESSMENT OF THE IMPACT ON ACHIEVEMENT OF THE STATE'S GREENHOUSE GAS EMISSIONS REDUCTION TARGETS AND RESILIENCY TO CLIMATE CHANGE

The Secretary of Education has reviewed the proposed regulation as required by 29 Del.C. §10118(b)(3) and has determined that any assessment of the impact of the proposed regulation is not practical.

III. FINDINGS OF FACTS

On February 22, 2024, the DIAA Board voted to propose 14 DE Admin. Code 1040 Out-of-Season and Summer Athletic Activities and Contact, in the form attached hereto as Exhibit A, for adoption by the Department subject to the State Board of Education's approval.

The Department finds that the proposed regulation relates to interscholastic athletics at the middle and high school levels and is necessary to implement 14 Del.C. Ch. 3. The Department also finds that the Public Integrity Commission, which has purview over the State Code of Conduct (29 Del.C. Ch. §§5801-5810A), did not see an issue with the proposed change. Accordingly, the Department finds that it is appropriate to amend 14 DE Admin. Code 1040 Out-of-Season and Summer Athletic Activities and Contact.

IV. DECISION TO AMEND THE REGULATION

For the foregoing reasons, the Department concludes that it is appropriate to amend 14 DE Admin. Code 1040 Out-of-Season and Summer Athletic Activities and Contact subject to the State Board of Education's approval. On March 21, 2024, the State Board of Education approved amending 14 DE Admin. Code 1040 Out-of-Season and Summer Athletic Activities and Contact. Therefore, pursuant to 14 Del.C. §§122(b)(15) and 303, 14 DE Admin. Code 1040 Out-of-Season and Summer Athletic Activities and Contact, attached hereto as Exhibit A, is hereby amended.

V. TEXT AND CITATION

The text of 14 DE Admin. Code 1040 Out-of-Season and Summer Athletic Activities and Contact amended hereby shall be in the form attached hereto as Exhibit A and said regulation shall be cited as 14 DE Admin. Code 1040 Out-of-Season and Summer Athletic Activities and Contact in the Administrative Code of Regulations for the Department.

VI. EFFECTIVE DATE OF ORDER

The effective date of this Order shall be ten days from the date this Order is published in the Register of Regulations.

IT IS SO ORDERED the 21st day of March, 2024.

Department of Education

Mark A. Holodick, Ed.D., Secretary of Education

Approved this 21st day of March, 2024.

State Board of Education

/s/ Shawn Brittingham, President	/s/ Harvey Kenton, Jr.
/s/ Deborah Stevens, Vice President	Provey Powell, Jr. (Voted No)
/s/ Candice Fifer	/s/ Wali W. Rushdan, II
/s/ Meredith L. Griffin, Jr.

*Please note: Electronic signatures ("/s/") were accepted pursuant to 6 Del.C. §12A-107(d).

1040 Out-of-Season and Summer Athletic Activities and Contact

1.0 Content and Purpose of the Out-of-Season and Summer Athletic Activities and Contact Rules

1.1 In accordance with 14 Del.C. §303(b), this regulation sets forth the requirements for activities and contact Out-of-Season and in the Summer at the middle and high school levels.

1.2 The purpose of the rules in this regulation is to help prevent overuse injuries in student athletes; to encourage student athletes to participate in multiple sports rather than specialize in 1 sport; to permit certain opportunities for all student athletes to work with their coaches during Out-of-Season and in the Summer; to enhance student athletes' performance; and to help prevent exploitation of student athletes by those who seek to capitalize on their skill or reputation.

2.0 Definitions

The following words and terms, when used in this regulation, shall have the following meaning:

"Board" means the Delaware Interscholastic Athletic Association Board of Directors established pursuant to 14 Del.C. Ch. 3.

"Competition" means a contest between schools in which student athletes compete.

"Conditioning Program" means a voluntary conditioning program that is available to all interested, accepted and registered students at a Member School, is not restricted to members of a particular team, and in which sport-specific equipment and organized drills in the skills and techniques of a particular sport are prohibited.

"Dead Period" means a period when interscholastic athletic-related activities, including Informal Instruction, are not permitted.

"DIAA" means the Delaware Interscholastic Athletic Association established pursuant to 14 Del.C. §301.

"Informal Instruction" means drills to teach sport-specific skills with only demonstration-level contact permitted. Informal instruction does not involve team competitions or contests. Intentional or direct contact is not permitted.

"In-Season" means the period of time from the beginning of the season until the last scheduled date for DIAA championships for the sport's season as provided in 14 DE Admin. Code 1035 In-Season Athletic Activities and Contact.

"Member School" means a full or associate member school of the DIAA.

"Out-of-Season" means the period of time from the end of the season until the next official starting Practice date for that sport as provided in 14 DE Admin. Code 1035 In-Season Athletic Activities and Contact.

"Practice" means working on skills for a particular sport within a single team at a Member School as guided by coaches and includes team workouts and inner-team scrimmages.

"Summer" means the period of time from the last scheduled date for DIAA spring sport championships to August 1st.

"Workout" means generic conditioning activities engaged in by individual student athletes, including aerobic, agility, balance, flexibility, and resistance training.

3.0 Open Gym Programs

3.1 A Member School may open its gymnasium or other facility for informal, recreational activities Out-of-Season and in the Summer provided the requirements in subsections 3.1.1 through 3.1.4 are met.

3.1.1 The open gym program shall be available to all students accepted and registered in the Member School and shall not be restricted to members of a particular team. The open gym program shall not be available to students who are not accepted and registered in the Member School.

3.1.2 Student athletes' participation in the program shall be voluntary.

3.1.3 The activities shall be student-generated. Sport-specific drills and Competition with fixed team rosters are prohibited.

3.1.4 The Member School shall require student athletes to provide their own workout clothing so that the school's uniforms are not used.

3.2 Coaches who supervise an open gym program shall meet the requirements in subsections 3.2.1 through 3.2.3.

3.2.1 A coach shall not provide instruction at an open gym program. The coach may provide equipment and supervise the activities at an open gym program Out-of-Season and in the Summer. Coaches who supervise an open gym program shall follow all of the requirements in subsection 3.1.

3.2.2 A coach shall not directly or indirectly require a student athlete to participate in the activities.

3.2.3 If a coach's school or district decides to compensate the coach for supervising an open gym, the coach may be compensated for supervising an open gym if the compensation is part of the coach's duties under the coach's employment contract or as part of an extra pay for extra responsibility (EPER) position.

26 DE Reg. 1053 (06/01/23)

4.0 Individual and Team Workouts and Conditioning Programs

4.1 A Member School may provide individual and team Workouts and Conditioning Programs Out-of-Season and in the Summer provided the requirements in 4.1.1 through 4.1.6 are met.

4.1.1 The Workout session or Conditioning Program shall be available to all students accepted and registered in the Member School and shall not be restricted to members of a particular team. The Workout session or Conditioning Program shall not be available to students who are not accepted and registered in the Member School.

4.1.2 Student athletes' participation in the Workout session or Conditioning Program shall be voluntary.

4.1.3 Aerobic, agility, balance, flexibility, and resistance training is permitted. Sport-specific instruction and equipment is prohibited.

4.1.4 The Member School shall require student athletes to provide their own workout clothing so that the school's uniforms are not used.

4.1.5 Workouts and Conditioning Programs shall meet the safety standards required during In-Season Practice.

4.1.6 During the Summer, a Member School may conduct a Conditioning Program if it is phased in gradually, individually, and progressively to minimize the risk of injury.

4.2 Coaches who supervise individual and team Workouts and Conditioning Programs shall meet the requirements in subsections 4.2.1 through 4.2.3.

4.2.1 A coach shall not provide instruction at individual or team Workouts or Conditioning Programs. The coach may provide equipment and supervise Workouts and Conditioning Programs Out-of-Season and in the Summer. Coaches who supervise a Workout or Conditioning Program shall follow all of the requirements in subsection 4.1.

4.2.2 A coach shall not directly or indirectly require a student athlete to participate in a session or program.

4.2.3 If a coach's school or district decides to compensate the coach for supervising a Workout or Conditioning Program, the coach may be compensated for supervising a Workout or Conditioning Program if the compensation is part of the coach's duties under the coach's employment contract or as part of an extra pay for extra responsibility (EPER) position.

5.0 School-Sponsored Informal Instruction

5.1 A Member School may provide Informal Instruction Out-of-Season and in the Summer provided the requirements in subsections 5.1.1 through 5.1.12 are met.

5.1.1 A student athlete may request Informal Instruction Out-of-Season and in the Summer provided the Informal Instruction meets all of the requirements in subsections 5.1.2 through 5.1.12.

5.1.2 The Informal Instruction shall be open, voluntary, and equally available to all accepted and registered students in the Member School and shall not be restricted to members of a particular team. The Informal Instruction shall not be available to students who are not accepted and registered in the Member School.

5.1.3 Student athletes' participation in Informal Instruction shall be voluntary.

5.1.4 Informal Instruction may be scheduled for a single session that occurs on 1 date or multiple sessions that occur over a period of time. The intent of subsection 5.1.4 is to prohibit multiple coaches from providing Informal Instruction to multiple groups of students at the same time.

5.1.5 Drills to teach sport-specific skills with only demonstration-level contact are permitted. Drills that promote direct or intentional physical contact are prohibited in all sports except wrestling. Team Competitions or contests are prohibited.

5.1.6 The Member School shall require student athletes to provide their own workout clothing so that the school's uniforms are not used.

5.1.7 Informal Instruction shall not exceed 2 hours per day and a maximum of 4 hours per week per student inclusive of all Out-of-Season interscholastic athletic activities.

5.1.8 Informal Instruction should be scheduled during times that do not overlap with In-Season Practices or Competitions.

5.1.9 Dead Periods shall begin with the first permissible Practice date of a sports season as provided in 14 DE Admin. Code 1035 In-Season Athletic Activities and Contact. Each season's Dead Period shall end four weeks after the first permissible Practice date of the respective sports season as provided in 14 DE Admin. Code 1035 In-Season Athletic Activities and Contact. An additional Dead Period shall begin with the last scheduled spring championship game and end 2 weeks later.

5.1.9.1 Student athletes should have at least 12 weeks of rest total in any given sport in a calendar year.

5.1.9.2 Member Schools are responsible for tracking the rest periods for their student athletes.

5.1.10 All Informal Instruction shall be approved by the Member School.

5.1.11 Informal Instruction shall meet the safety standards required during In-Season Practice as provided in 14 DE Admin. Code 1035 In-Season Athletic Activities and Contact.

5.1.12 Any use of school equipment shall be approved by the Principal or Head of School. Protective equipment, the primary purpose of which is to protect the wearer from physical injury, may be used.

5.2 Coaches who provide Informal Instruction shall meet the requirements in subsections 5.2.1 through 5.2.5.

5.2.1 A coach may provide Informal Instruction to any student accepted and registered in the Member School at which the coach coaches Out-of-Season and in the Summer.

5.2.2 A coach who provides Informal Instruction shall follow the requirements in subsection 5.1.

5.2.3 A coach shall not provide Informal Instruction that limits participation to members of the coach's school team.

5.2.4 A coach shall not directly or indirectly require a student athlete to participate in Informal Instruction.

5.2.5 If a coach's school or district decides to compensate the coach for providing Informal Instruction, the coach may be compensated for providing Informal Instruction if the compensation is part of the coach's duties under the coach's employment contract or as part of an extra pay for extra responsibility (EPER) position.

6.0 Noninstructional Meetings

Coaches may hold noninstructional meetings for the purpose of distributing tryout schedules, medical forms, and parent permission slips to prospective team candidates and returning student athletes Out-of-Season and in the Summer. Coaches shall not discuss strategy and techniques or permit or require any physical activity.

7.0 School Camps and Clinics

7.1 A school camp or clinic is a camp or clinic that is open to all student athletes regardless of whether they are accepted and registered students at the school, is operated for profit as a school fundraiser or not-for-profit, and provides coaching or other sports training that is consistent with the DIAA's purpose as provided in 14 Del.C. § 301.

7.2 Member Schools, including school organizations and school-related groups, such as booster clubs, shall meet the requirements in subsections 7.2.1 through 7.2.5.

7.2.1 The school camp or clinic shall be open, voluntary, and equally available to all students and shall not be restricted to members of a particular team.

7.2.2 The Member School shall not host or fund a school camp or clinic that limits participation to its own teams.

7.2.3 Student athletes' participation in a school camp or clinic shall be voluntary.

7.2.4 The Member School shall require student athletes to provide their own clothing so that the school's uniforms are not used.

7.2.5 Any use of school equipment shall be approved by the Principal or Head of School.

7.3 Coaches shall meet the requirements in subsections 7.3.1 through 7.3.5.

7.3.1 A coach may provide instruction to any student athlete, including student athletes accepted and registered in the Member School, at a school camp or clinic at the Member School where the coach coaches Out-of-Season and in the Summer.

7.3.2 A coach who provides instruction to student athletes at a school camp or clinic shall follow the requirements in subsection 7.2.

7.3.3 A coach shall not host or fund a school camp or clinic that limits participation to members of the coach's school team.

7.3.4 A coach shall not directly or indirectly require a student athlete to participate in a school camp or clinic.

7.3.5 If a coach's school or district decides to compensate the coach for providing instruction at a school camp or clinic, the coach may be compensated for providing instruction at a school camp or clinic if the compensation is part of the coach's duties under the coach's employment contract or as part of an extra pay for extra responsibility (EPER) position.

7.4 Student athletes may choose to participate in school camps and clinics Out-of-Season and in the Summer provided the requirements in subsections 7.4.1 through 7.4.3 are met.

7.4.1 The student athlete shall not wear the Member School's uniform.

7.4.2 The student athlete shall not use school equipment unless the student athlete has obtained the Member School's approval as provided in subsection 7.2.5.

7.4.3 The student athlete's participation must be voluntary and not be required by the student athlete's school coach.

8.0 Commercial Camps and Clinics

8.1 A commercial camp or clinic is a camp or clinic that is operated for profit and provides coaching or other sports training for a fee.

8.2 Member Schools, including school organizations and school-related groups, such as booster clubs, shall meet the requirements in subsections 8.2.1 and 8.2.2.

8.2.1 The Member School shall not provide equipment to a student athlete to use at a commercial camp or clinic. Notwithstanding the foregoing requirement, a Principal or Head of School may approve the use of school equipment by a student athlete if the commercial camp or clinic does not provide equipment and the Principal or Head of School believes that the student athlete lacks the resources to obtain such equipment.

8.2.2 The Member School shall require student athletes to provide their own clothing so that the school's uniforms are not used.

8.3 Coaches who provide instruction at a commercial camp or clinic shall meet the requirements in subsections 8.3.1 through 8.3.4.

8.3.1 A coach may have instructional contact with student athletes who are not returning members of the coach's school team at a commercial camp or clinic Out-of-Season and in the Summer.

8.3.2 A coach may have instructional contact with returning members of the coach's school team at a commercial camp or clinic Out-of-Season and in the Summer provided that the requirements in subsections 8.3.2.1 through 8.3.2.13 are met.

8.3.2.1 The coach shall have obtained approval to have the instructional contact from the Member School at which the coach coaches.

8.3.2.2 The coach shall not use the name of the Member School at which the coach coaches.

8.3.2.3 The coach shall not directly or indirectly require a student athlete to participate in the commercial camp or clinic.

8.3.2.4 The commercial camp or clinic is open and equally available to all student athletes.

8.3.2.5 Out-of-Season, the coach's instructional contact with returning student athletes at the commercial camp or clinic shall be limited as follows:

8.3.2.5.1 For individual athletic activities, the coach may provide instruction to returning student athletes up to 2 hours per day except during the no-contact periods provided in subsection 8.3.2.9. The instruction shall not exceed a total of 4 hours per week.

8.3.2.5.2 For team-based athletic activities, the coach may provide instruction to returning student athletes up to 5 hours per day and for a total of 4 days per week except during the no-contact periods provided in subsection 8.3.2.9.

8.3.2.6 During the Summer, a coach may have instructional contact with returning student athletes at up to three commercial camps or clinics as follows:

8.3.2.6.1 For day camps and clinics, the coach may provide instruction to returning student athletes up to 8 hours per day for up to 5 days per week except during the no-contact periods provided in subsection 8.3.2.9.

8.3.2.6.2 For overnight camps and clinics, the coach may provide instruction to returning student athletes according to the agenda published by the camp or clinic except during the no-contact periods provided in subsection 8.3.2.9.

8.3.2.7 The number of returning student athletes to whom the coach provides instruction at the commercial camp or clinic shall not exceed the maximum number set forth below. If a coach provides instruction to both sexes in a sport, the maximum number of returning student athletes shall not exceed the maximum number of returning student athletes for each sex (e.g., up to 8 girls and 8 boys in outdoor track and field). For modified versions of the sports below (e.g., 7-on-7 football and 3-on-3 basketball), the maximum number of returning student athletes shall not exceed 80% of the number of players that would constitute a starting lineup in the modified sport.

Sport	Maximum Number of Returning Student Athletes
Baseball	7
Basketball	4
Cross Country	8
Golf	4
Field Hockey	9
Football	9
Indoor Track	8
Lacrosse - Boys'	8
Lacrosse - Girls'	10
Outdoor Track and Field	8
Soccer	9
Softball	7
Swimming and Diving	8
Tennis	4
Volleyball	5
Wrestling	9

8.3.2.8 If the number of returning student athletes exceeds the maximum number permitted under subsection 8.3.2.7, the coach shall not have any instructional contact with any returning student athletes at the camp or clinic. Rotating players from the same school team is not permitted. During the Summer, subsections 8.3.2.7 and 8.3.2.8 do not apply to team camps provided that the school team's attendance is funded through fundraisers and all other requirements of subsection 8.3.2 are met. For the purpose of this regulation, a team camp is a sports training camp hosted by a college or university as a fundraiser for 1 day, overnight, or up to 4 days that a school team attends in an effort to strengthen the team's bond and to help the team learn to work together as 1 unit.

8.3.2.9 The coach shall not have any instructional contact with any returning student athletes during the 7-day period before the start of the fall, winter, and spring seasons as defined in 14 DE Admin. Code 1035 In-Season Athletic Activities and Contact.

8.3.2.10 The commercial camp or clinic is sponsored by a nonschool organization that is affiliated and in good standing with an overseeing national organization for a minimum of 1 year. For the purpose of subsection 8.3.2.10, national organizations include, but are not limited to, Amateur Athletic Union (AAU), Olympic Development Program (ODP), USA Track and Field (USATF), and USA Volleyball (USAV).

8.3.2.11 The commercial camp or clinic was advertised in print and online for at least 2 weeks prior to the start date of the camp or clinic.

8.3.2.12 The nonschool organization conducting the commercial camp or clinic is insured.

8.3.2.13 The instructional contact is voluntary (i.e., not for pay) or the source of compensation for instructional contact is anonymous and equal for each Member School, as provided in subsection 8.3.3, and as verified by the commercial camp or clinic.

8.3.3 A coach may be compensated by the commercial camp or clinic for instructional contact with student athletes who are not on the coach's school team. A coach shall not be compensated by the Member School at which they are employed, including school organizations and school-related groups, such as booster clubs, or by a student athlete or a student athlete's family. A coach may be compensated by the commercial camp or clinic for instructional contact with returning student athletes who are on the coach's school team if the source of compensation is anonymous and equal for each Member School. For the purpose of Section 8.0 of this regulation, anonymous means that the origin of the funds in the source from which the coach is paid is unknown to coaches and participants.

8.3.4 Prior to the start date of providing instruction at a commercial camp or clinic, a coach shall complete, sign, and submit the DIAA-approved form verifying that the coach meets the requirements in subsections 8.3.1 through 8.3.3 to the DIAA Office and the coach's Member School.

8.3.4.1 If a coach will be compensated for instructional contact with any student athletes who are on the coach's school team, before the coach submits the coach's form to the DIAA Office, the coach is required to have an authorized representative of the commercial camp or clinic complete and sign the declaration on the coach's form that the source of compensation is as provided in subsection 8.3.3. If an authorized representative of the commercial camp or clinic does not complete or sign the declaration on the coach's form, the coach's form will be deemed incomplete by DIAA and the coach will not be permitted to have instructional contact with any returning student athletes on the coach's school team at the commercial camp or clinic until the coach has submitted a form with a declaration that is completed and signed by an authorized representative of the organization.

8.3.4.2 If a coach submits a form verifying that the coach will not be providing instruction to returning members of the coach's school team but the coach's circumstances change (e.g., at the time the coach submitted the form, the coach was unaware student athletes from the coach's school team would be attending the camp or clinic), the coach shall submit a new form to the DIAA Office prior to providing instruction to any returning members of the coach's school team at the camp or clinic.

8.4 Student athletes may choose to participate in commercial camps and clinics, including private lessons, Out-of-Season and in the Summer provided the requirements in subsections 8.4.1 through 8.4.4 are met.

8.4.1 The student athlete shall participate unattached and not as a representative of the student athlete's Member School.

8.4.2 The student athlete shall not wear the Member School's uniform.

8.4.3 The student athlete shall not use school equipment unless the student athlete has obtained the Member School's approval as provided in subsection 8.2.1.

8.4.4 The student athlete's participation must be voluntary and not be required by the student athlete's school coach.

9.0 Nonschool Athletic Activities, Programs, and Teams

9.1 DIAA does not have jurisdiction over nonschool athletic activities, programs, or teams conducted by outside organizations that are not affiliated with Member Schools even if school facilities are used.

9.2 Member Schools, including school organizations and school-related groups, such as booster clubs, shall meet the requirements in subsections 9.2.1 through 9.2.3.

9.2.1 The Member School shall not provide any form of financial assistance or transportation to student athletes who participate in nonschool athletic activities or programs or on nonschool athletic teams.

9.2.2 The Member School shall not provide equipment to a student athlete to use in a nonschool athletic activity or program or on a nonschool athletic team. Notwithstanding the foregoing requirement, a Principal or Head of School may approve the use of school equipment by a student athlete if the organization conducting the nonschool athletic activity, program, or team does not provide equipment and the Principal or Head of School believes that the student athlete lacks the resources to obtain such equipment.

9.2.3 The Member School shall require student athletes to provide their own clothing so that the school's uniforms are not used.

9.3 Coaches who provide instruction at nonschool athletic activities or programs or to nonschool athletic teams shall meet the requirements in subsections 9.3.1 through 9.3.4.

9.3.1 A coach may have instructional contact with student athletes who are not returning members of the coach's school team at nonschool athletic activities or programs or on nonschool athletic teams Out-of-Season and in the Summer.

9.3.2 A coach may have instructional contact with student athletes who are returning members of the coach's school team at nonschool athletic activities or programs or on nonschool athletic teams Out-of-Season and in the Summer provided the requirements in subsections 9.3.2.1 through 9.3.2.14 are met.

9.3.2.1 The coach shall have obtained approval to have the instructional contact from the Member School at which the coach coaches.

9.3.2.2 The coach shall not use the name of the Member School at which the coach coaches.

9.3.2.3 The coach shall not directly or indirectly require a student athlete to participate in a nonschool athletic activity, program, or team.

9.3.2.4 The nonschool athletic activity, program, or team is open and equally available to all student athletes.

9.3.2.5 The coach's instructional contact with returning student athletes at the nonschool athletic activity, program, or team shall be limited as follows:

9.3.2.5.1 For individual athletic activities Out-of-Season and in the Summer, the coach may provide instruction to returning student athletes up to 2 hours per day except during the no-contact periods provided in subsection 9.3.2.9. The instruction shall not exceed a total of 4 hours per week.

9.3.2.5.2 For team-based athletic activities Out-of-Season, the coach may provide instruction to returning student athletes up to 2 hours per day and for a total of 4 hours per week except during the no-contact periods provided in subsection 9.3.2.9.

9.3.2.5.3 For team-based athletic activities during the Summer, the coach may provide instruction to returning student athletes up to 5 hours per day and for a total of 4 days per week except during the no-contact periods provided in subsection 9.3.2.9.

9.3.2.6 The number of returning student athletes to whom the coach provides instruction at the nonschool athletic activity, program, or team shall not exceed the maximum number set forth below. If a coach provides instruction to both sexes in a sport, the maximum number of returning student athletes shall not exceed the maximum number of returning student athletes for each sex (e.g., up to 8 girls and 8 boys in outdoor track and field). For modified versions of the sports below (e.g., 7-on-7 football and 3-on-3 basketball), the maximum number of returning student athletes shall not exceed 80% of the number of players that would constitute a starting lineup in the modified sport.

Sport	Maximum Number of Returning Student Athletes
Baseball	7
Basketball	4
Cross Country	8
Golf	4
Field Hockey	9
Football	9
Indoor Track	8
Lacrosse - Boys'	8
Lacrosse - Girls'	10
Outdoor Track and Field	8
Soccer	9
Softball	7
Swimming and Diving	8
Tennis	4
Volleyball	5
Wrestling	9

9.3.2.7 If the number of returning student athletes exceeds the maximum number permitted under subsection 9.3.2.6, the coach shall not have any instructional contact with any returning student athletes at the nonschool athletic activity, program, or team. Rotating players from the same school team is not permitted.

9.3.2.8 During the Summer, subsection 9.3.2.6 does not apply to nonschool athletic teams participating in leagues in a DIAA recognized sport.

9.3.2.9 The coach shall not have any instructional contact with any returning student athletes during the 7-day period before the start of the fall, winter, and spring seasons as defined in 14 DE Admin. Code 1035 In-Season Athletic Activities and Contact.

9.3.2.10 The nonschool athletic activity, program, or team is sponsored by a nonschool organization that is affiliated and in good standing with an overseeing national organization for a minimum of 1 year. For the purpose of subsection 9.3.2.10, national organizations include, but are not limited to, Amateur Athletic Union (AAU), Olympic Development Program (ODP), USA Track and Field (USATF), and USA Volleyball (USAV).

9.3.2.11 The nonschool athletic activity, program, or team was advertised in print and online for at least 2 weeks prior to the start date of the activity, program, or team.

9.3.2.12 The nonschool organization conducting the activity, program, or team is insured.

9.3.2.13 The coach may hold organizational practices for a league or tournament if it is permitted by the written, pre-established rules of the league or tournament. If the league or tournament does not have written, pre-established rules regarding organizational practice, then organizational practice is not permitted. In no event shall more than 1 organizational practice be permitted and the number of games and practices shall not exceed 3 in 1 week.

9.3.2.14 The instructional contact is voluntary (i.e., not for pay) or the source of compensation for instructional contact is anonymous and equal for each Member School, as provided in subsection 9.3.3, and as verified by the organization conducting the nonschool athletic activity, program, or team.

9.3.3 A coach may be compensated for instructional contact with student athletes who are not on the coach's school team by the organization conducting the nonschool athletic activity, program, or team. A coach shall not be compensated by the Member School at which they are employed, including school organizations and school-related groups, such as booster clubs, or by a student athlete or a student athlete's family. A coach may be compensated for instructional contact with returning student athletes who are on the coach's school team by the organization conducting the nonschool athletic activity, program, or team if the source of compensation is anonymous and equal for each Member School. For the purpose of Section 9.0 of this regulation, anonymous means that the origin of the funds in the source from which the coach is paid is unknown to coaches and participants.

9.3.4 Prior to the start date of providing instruction at a nonschool athletic activity or program or to a nonschool athletic team, a coach shall complete, sign, and submit the DIAA-approved form verifying that the coach meets the requirements in subsections 9.3.1 through 9.3.3 to the DIAA Office and the coach's Member School.

9.3.4.1 If a coach will be compensated for instructional contact with any student athletes who are on the coach's school team, before the coach submits the coach's form to the DIAA Office, the coach is required to have an authorized representative of the organization conducting the nonschool athletic activity, program, or team complete and sign the declaration on the coach's form that the source of compensation is as provided in subsection 9.3.3. If an authorized representative of the organization conducting the nonschool athletic activity, program, or team does not complete or sign the declaration on the coach's form, the coach's form will be deemed incomplete by DIAA and the coach will not be permitted to have instructional contact with any returning student athletes on the coach's school team at the nonschool athletic activity or program or on the nonschool athletic team until the coach has submitted a form with a declaration that is completed and signed by an authorized representative of the organization.

9.3.4.2 If a coach submits a form verifying that the coach will not be providing instruction to returning members of the coach's school team but the coach's circumstances change (e.g., at the time the coach submitted the form, the coach was unaware student athletes from the coach's school team would be attending the camp or clinic), the coach shall submit a new form to the DIAA Office prior to providing instruction to any returning members of the coach's school team at the nonschool activity, program, or team.

9.4 Student athletes may participate in nonschool athletic activities, programs, and teams Out-of-Season and in the Summer provided the requirements in subsections 9.4.1 through 9.4.4 are met.

9.4.1 The student athlete shall participate unattached and not as a representative of the student athlete's Member School.

9.4.2 The student athlete shall not wear the student athlete's Member School's uniform.

9.4.3 The student athlete shall not use school equipment unless the student athlete has obtained the Member School's approval as provided in subsection 9.2.2.

9.4.4 The student athlete's participation must be voluntary and not be required by the student athlete's school coach.

26 DE Reg. 1053 (06/01/23)

10.0 Violations and Penalties

10.1 The Board may investigate, conduct hearings, and impose penalties upon Member Schools, coaches, and student athletes for violations of any of the requirements of this regulation. Penalties for violating this regulation include a letter of reprimand, probation, suspension, fine, and any other action the Board deems appropriate.

10.2 A coach who is in violation of this regulation shall be suspended from coaching in the coach's 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.

26 DE Reg. 203 (09/01/22)

26 DE Reg. 1053 (06/01/23)

27 DE Reg. 861 (05/01/24) (Final)