If you have a child who plays high school sports in Florida, particularly at a level where they could eventually earn a college scholarship or even compete as a professional, you know first-hand how hard they have to work to maintain and improve their athletic skills while at the same time going to classes and passing their courses. Your student-athlete has worked very hard to get to where they are, and you've probably helped them a lot along the way: getting them to practices, games, and tournaments, helping make sure their homework is done and they're ready for the next test; and cheering them on when they win and consoling them when they lose.
With all of that going on, your student-athlete shouldn't have to worry about staying eligible for their chosen high-school sport. That's an area you can help them with, though it can be difficult given the number of detailed regulations the Florida High School Athletic Association (FHSAA) has in place covering student-athlete eligibility.
This guide is designed to help make you, as the parent or guardian of a high school student-athlete, aware of some of the potential eligibility issues your athlete might face. If you have questions about any of these, you should contact Joseph D. Lento, a student-athlete attorney who has helped students all over the United States navigate the often-confusing areas of eligibility and discipline requirements that can often trap unwary students and families, resulting in a loss of eligibility or worse.
Age-Limit and Semester-Limit Restrictions and Waiver Requests
In Florida, students who become 19 years old before July 1 are considered permanently ineligible to compete in high school sports for the remainder of their high school career, no matter what their grade level is. In addition, a student-athlete is limited to eight consecutive semesters of competition (a semester in Florida is one-half of an academic year). The eight-semester count starts with the first semester of ninth grade; in other words, if a student-athlete doesn't begin competing until the first semester of their sophomore year, they have six consecutive semesters of potential eligibility remaining.
It is possible in some cases to appeal eligibility determinations, particularly on the basis of “undue hardship.” Under the FHSAA bylaws, these are typically situations where the student-athlete was not able to be in school for a long period or periods of time due to things like illness or other events that were beyond the control of the student-athlete or their parent or guardian. Appeals are made to the FHSAA Sectional Appeals Committee, which is responsible for your student-athlete's high school.
These are situations where the way you present your appeal can make a significant difference in how the appeal is decided. It's important to include all relevant facts and to make sure you consider and address all of the factors that could result in your student-athlete's appeal being granted. Joseph D. Lento has the experience and understanding of these kinds of situations to help you craft and submit an effective appeal on behalf of your student.
Academic Eligibility Waiver Requests and Appeals
Beginning with the second semester of their freshman year, student-athletes in Florida are required to have a 2.0-grade point average, based on a 4.0 scale, at the end of each semester in order to be “academically eligible” to compete in high school athletics during the next semester. If the student is not academically eligible at the beginning of a semester, they remain ineligible for the entire semester, even if their grades during that semester improve. In other words, if a student-athlete begins a semester with a 1.9 GPA but during the semester earns A's on every assignment and every test in every class, the student is still ineligible until that semester is complete.
Furthermore, student-athletes whose GPA falls below 2.0 must also enter into an Academic Performance Contract with the school and the student's parents or guardians that requires the student to attend summer school and may require the student to meet other requirements before they can again be eligible to compete.
Under certain circumstances, student-athletes in 9th and 10th grade may be allowed to compete after sitting out a semester due to academic ineligibility, even if their cumulative GPA is still below 2.0. This can happen if they meet the terms of an Academic Performance Contract and earn at least a 2.0 GPA in their courses taken during the semester of ineligibility. This exception is not available for student-athletes in 11th or 12th grade; if their cumulative GPA is below 2.0, even after they attend summer school pursuant to an Academic Performance Contract, they will not be allowed to compete until their end-of-semester cumulative GPA is 2.0 or above.
Students who repeat a class in which they received a “D” or an “F” grade and earn a grade of “C” or higher will have the old grade replaced by the higher grade for GPA calculation purposes.
If a student-athlete becomes academically ineligible because of an extended illness or other excused absence, they may become eligible again as soon as they complete the missing coursework and receive a passing grade that raises their cumulative GPA to 2.0 or above.
In addition to excused absence exceptions, Undue Hardship waivers may be available for GPA-based ineligibility decisions. Student-athlete attorney Joseph D. Lento can help you, and your student evaluates your particular situation to determine whether an exception or a waiver may apply to your situation and can help you craft an effective request that addresses as many relevant points in your student's favor as possible.
School Disciplinary Defense
Under FHSAA bylaws, students who are suspended or expelled from their high school are automatically not eligible to participate in high school sports. This makes it very important to pay close attention if your student-athlete is disciplined in school, particularly if that discipline can result in the student being suspended or expelled from school.
Joseph D. Lento is a student-athlete attorney with years of experience helping students all over the U.S. who find themselves involved in school disciplinary proceedings. These types of proceedings can be confusing, unfair, and poorly administered. Student-athlete attorney Lento can help you, and your student defend against charges that could result in a suspension or expulsion. In many cases, these matters are resolved in favor of the student or are settled in a way that keeps the student in school – and eligible to compete in their sport of choice. And, where necessary, Joseph D. Lento and his Student Defense Team at the Lento Law Firm can help you craft, submit, and argue an effective appeal of a suspension or expulsion decision.
Suspensions Based on Unsportsmanlike Conduct
Florida broadly defines “Unsportsmanlike Conduct” to include a variety of acts, including physical actions and speech, directed against an official, an opponent, or any other person attending an athletic competition. The range of possible behavior is intentionally broad; a student who uses profanity against an official, for example, can be guilty of unsportsmanlike conduct, as can one who uses a racial or ethnic slur against an official, an opponent, or a spectator. Striking or threatening an official is considered unsportsmanlike conduct, as is making physical contact with an opponent “which is beyond the normal scope of competition.” And even more broadly, unsportsmanlike conduct can include “other such acts deemed to be unacceptable conduct according to the principal” of your student's school.
Florida does not specifically list the penalties associated with each potential type of unsportsmanlike conduct. Instead, a student who is found to have committed an act of unsportsmanlike conduct “will be ineligible” for “up to one or more calendar years.” The FSHAA Executive Director has the power to investigate alleged unsportsmanlike conduct, and to determine what penalties, if any, should be imposed against the student-athlete as a result.
A student-athlete who is ineligible to compete because of an unsportsmanlike conduct determination can apply to have their eligibility restored before the end of the penalty period, provided the student “has been properly disciplined” and submits a signed statement of their “intention to comply” with the FHSAA conduct standards in the future.
In addition to being penalized for prohibited actions and speech during games and matches, student-athletes who are found to have used “human growth hormone, steroids, performance-enhancing drugs, or schedule 3 narcotics” can also lose eligibility on the basis of unsportsmanlike conduct. Students in these situations will be ineligible to compete until the student submits “medical evidence” that their system is free of the banned substance.
There are exceptions, however: students who are under the care of a specialist for an “idiopathic short stature” condition can appeal for an exemption, and students under the care of a physician who has prescribed a hormone replacement drug can compete if they have provided medical documentation to their principal before competing.
If your student-athlete is penalized during a game or match due to unsportsmanlike conduct, you need to pay close attention to how their coach and school are handling the matter. If it is referred to the FHSAA, you will also need to closely follow the investigative procedure to make sure that your student is being treated fairly. As with any situation involving two or more people, on-the-field incidents are often subject to varying views and interpretations by those involved and by those observing them. You can't necessarily depend on one person's recall of a situation to be accurate, and if that person is an official or opposing player, your student could suffer if that version works against them.
If your student is accused of using a banned substance and loses eligibility as a result, you need to make sure that they submit the proper medical support to show that the substance is no longer in their system. Alternatively, if the determination that they used a banned substance was a mistake, you need to appeal the decision and secure a reversal of the penalty as soon as possible.
You need the help of an experienced student-athlete attorney. Joseph D. Lento has been representing students accused in many different situations for years and can help you investigate the allegation and gather the information you need to help defend your student. If your student has already been punished and is currently ineligible, Joseph D. Lento can help you apply to have their eligibility restored. His experience with working with students from across the country in similar situations gives him a unique perspective on what schools and athletic associations are looking for in these kinds of situations.
Issues That Arise if a Student-Athlete Transfers Schools
Students in Florida are generally eligible to compete in interscholastic high school sports at the first school they attend. And, unlike in many other states, students are generally free to transfer schools without having to sit out a year – provided they follow certain guidelines.
If the student-athlete has not started competing in a sport and transfers schools, the student will be allowed to compete at the new school (beginning with the sixth school day at the new school). For example, a basketball player who transfers schools before practice starts in the fall will be allowed to play basketball that year at their new school.
If, however, the student has participated in a sport at one school during a school year and transfers to another school during that same school year, the student will not be allowed to compete in that sport at the new school during the remainder of the school year. So if a basketball player participates in an official team practice at one school in the fall, then transfers to another school, they won't be allowed to participate in basketball at the new school until the following season.
Furthermore, a student is not allowed to transfer away from a disciplinary situation; if they are ineligible to play sports because of a school suspension at their present school, they can't become eligible by transferring to a new school.
It's important for the transferring student-athlete to check that the new school receives a sealed copy of the student's academic transcript from the old school; until the new school receives it and evaluates it to make sure the student is eligible to participate in high school athletics, the student will not be allowed to compete at the new school. In addition, the student's old school must provide the new school with a completed “Notice of Transfer/Change of School” FHSAA form.
Making sure your student complies with the various transfer requirements, in terms of timing, as well as in terms of getting the sealed transcript and FHSAA transfer form from the old school to the new school, is important. Joseph D. Lento can help make sure you have properly planned your student-athlete's transfer so that they don't lose any eligibility. And if your student has been disciplined by their current school and is considering transferring to a new high school, Joseph D. Lento can also help you understand whether their current disciplinary status could affect their ability to compete at their new school. In some cases, it may be possible to appeal or seek mediation of a disciplinary situation at the old school so that the matter has been cleared up before the transfer happens.
Joseph D. Lento Can Help Keep Your Student-Athlete in the Game
If you are concerned about your student-athlete's continued eligibility to participate in high school sports, you need to contact student-athlete attorney Joseph D. Lento and the Lento Law Firm Team to discuss your situation. Joseph D. Lento has years of experience representing students and student-athletes involved in eligibility and disciplinary proceedings in schools all over the country. He understands how the discipline and appeals process works in schools, and can help you and your student with a wide variety of situations that could result in your student losing the ability to compete in their chosen sport for a semester or more. Contact Joseph D. Lento today at 888.535.3686 or online to learn more about how he and the Lento Law Firm Team can help.
