If your student-athlete is competing on a team at one of the more than 300 schools that are members of the Nebraska School Activities Association (NSAA), you know first-hand what an important role athletics plays in their lives – and probably yours as well. In addition to all of the hard work they have to put in to stay on top of their classes, student-athletes devote lots of time to getting and staying in shape, improving their athletic skills, practicing with their teams, and competing. The vast majority of them do this because they enjoy the challenges that sports offer, the camaraderie that they develop with their teammates, and the excitement of competition.
As a parent or guardian of a high school athlete in Nebraska, you do what you can to help them with their athletic ambitions. You probably make sure they have the right clothing and equipment; you'll take them to workouts and practices and show up to cheer them on at their games, matches, and meets. There is another way you can help, too – by understanding some of the main NSAA rules that relate to student-athlete eligibility. While the NSAA publishes its Constitution and Bylaws, these deal with all aspects of the NSAA, and it can be a bit difficult to sort through the 80+ pages to find what you need that relates to student-athlete eligibility.
That's why we at the Lento Law Firm Student Defense Team have put together this helpful summary of some of the main NSAA rules relating to student-athlete eligibility. If, after reading this, you have questions about your student-athlete's particular situation, contact us for more information. We are experienced at helping student-athletes all over the country with their athletic eligibility issues and are ready to help you with your Nebraska student-athlete as well.
Age-Limit and Semester-Limit Restrictions and Waiver Requests
Student-athletes in Nebraska may compete until they reach the age of 19. If they turn 19 on or after August 1, they remain eligible for the rest of the following school year. If they turn 19 before August 1, they are not eligible to compete in high school sports.
There is an exception for students with documented disabilities, provided they meet certain safety, fairness, and competitive equity requirements.
Once students begin ninth grade, they have eight semesters of potential eligibility. These semesters do not run consecutively; if a student misses a semester, they don't use that semester's eligibility. However, if they are not enrolled for one semester, they must wait one semester to regain eligibility and that semester of waiting counts against their eight-semester total. In addition, student-athletes may participate in no more than four seasons of any single sport beginning with 9th grade.
The NSAA does have a hardship waiver process that may apply in these and other eligibility rule situations. The process requires two levels of investigation. First, the student-athlete's school must investigate the hardship waiver request and make an eligibility determination. If the school rules that the student-athlete is ineligible, that decision may be appealed to the Executive Director. The appeal must be filed by the school, but the school is not required to take a position on the appeal. There is an option to request a hearing on the appeal; that request also needs to come from the school. If the Executive Director denies the appeal, the decision can be appealed further to the NSAA Board of Directors.
Hardship waivers may be granted in situations where “unique conditions” exist “that concern the student's educational, physical, or emotional status” that were “caused by circumstances beyond the control of the student and his/her parents or legal guardian.” The situation must be “totally different” than those existing for most other students. An example of such a situation is a serious injury or illness to a student or a close family member that prevents a student from attending school for an extended period of time.
Because appeals need to include “all facts pertinent to the case,” it's important that as much supporting information as possible is collected and submitted as part of the appeal. The Lento Law Firm Student Defense Team has years of experience helping student-athletes all over the country with similar appeals and can help you and your student-athlete prepare a strong and effective waiver request and appeal for the school to submit on your behalf. If there is a hearing on the appeal, one of our team members can attend with you and your student-athlete and help make sure your case is presented in a clear and forceful manner.
Academic Eligibility Requirements and Waiver Requests
Student-athletes must be enrolled in at least 20 credit hours worth of classes per semester in order to be eligible to compete for their high school. In addition, they must have passed at least 20 credit hours of classes during the previous semester (except for first-semester 9th grade) to be eligible to compete during the next semester of classes. The classes must be “such as will ordinarily be considered as advancing the student towards graduation.”
Summer school classes can be used to make up a spring semester credit-hour deficiency, but the work must be complete and the grades recorded before September 1 or the first day of school, whichever comes first. Up to ten credit hours may be recovered with summer school classes. Unlike in many other states, the NSAA has no semester or cumulative GPA requirements. The focus is instead on the number of courses that the student-athlete has passed.
Incomplete grades are treated the same as non-passing grades until they are replaced by actual grades based on the student-athlete finishing the missing work.
Academic eligibility determinations may be waived on hardship grounds using the process described above.
School Disciplinary Defense
Students spend a lot more time in class and on campus during the school week than they do in their athletic practices or competitions. As a result, they're more likely to run into disciplinary problems at school than they are in their athletic settings.
All schools have student manuals or codes of conduct that describe the kinds of behavior that schools expect from students, as well as the kinds of behavior that schools prohibit. In addition, there is typically a procedure the school follows to resolve accusations of serious misconduct. This usually involves an investigation of the misconduct allegations and possibly a meeting with parents or guardians, or sometimes a full hearing to decide how to address misconduct claims that the school believes are supported by evidence.
Schools have a wide range of options when it comes to student discipline. Aside from suspension or expulsion (which, of course, makes the student ineligible to compete in athletics), schools can also suspend students from participating in extracurricular activities. This can seriously cut into your student-athlete's ability to compete for days, weeks, or even months at a time. These decisions are not subject to any of the NSAA rules; they're considered part of the school's ability to discipline students.
The problem with many school disciplinary proceedings is that busy school administrators don't always have the resources or the training to conduct effective investigations or to make sure that students are fairly treated during hearings or when discipline decisions are made. That is why you need the help of the Lento Law Firm Student Defense Team. Our student-athlete attorneys have years of experience helping students face serious misconduct charges. They know how to conduct effective investigations to get at “the rest of the story” and will make sure that the school disciplinary process is as fair as possible while helping you and your student-athlete defend against the misconduct claims.
Discipline for Behavior During Games
Student-athletes who are ejected from a competition for unsportsmanlike conduct will also sit out the next competition at that level. If ejected a second time during a season, the student-athlete will have to sit out the next two competitions. A third ejection will result in a three-competition suspension. The NSAA does have the right to add more penalties in any of these situations. In addition, the NSAA Board of Directors has the power to suspend a student-athlete who violates “any of the provisions of the Constitution, Bylaws, or Approved Rulings” during a competition. The suspension can run through the end of the sports season.
Under the NSAA rules, “There is no appeal process for ejections for unsportsmanlike conduct.” That said, when an official has made an obvious mistake, one that can be verified by video footage, this can be brought to the attention of the school and the NSAA Executive Director. It's not unusual for mistakes to be made when there is a busy, confusing confrontation on the field, and it's unfair for the wrong student-athlete to bear the burden of an official's obvious mistake. If you believe your student-athlete has been ejected from a competition based on an official's mistake as to identity, contact the Lento Law Firm Student Defense Team for help – but quickly, since the initial penalty for such an ejection is usually limited to a one-game suspension.
Student-Athlete Transfer Issues
Student-athletes are eligible to compete at the high school located in the district where the student-athlete's “legal parent” or parents “have established their home.” A student-athlete whose family moves to a new home in a different school district and who sells their old home in the course of doing so will normally be eligible to compete in the high school located in the new school district.
Otherwise, a student transferring to a new school in another district will be ineligible to compete at the new school for 90 school days following the transfer. There is an exception to this general rule, however. If a student-athlete wants to transfer to a new school and makes the decision to do so by May 1 of one school year, they can be eligible to compete during the fall semester at the new school if their new school notifies the NSAA of the transfer by May 1 of the semester before the fall semester.
In that case, the student-athlete can finish the school year competing at their old school and will be eligible to compete for their new school at the beginning of the fall semester. If they change their mind, however, and want to stay at their old school, they will not be eligible during the first 90 school days of that next school year.
As you can see, the NSAA transfer rules are complicated and filled with exceptions. This means that if your family is considering moving to a new home or if your student-athlete is thinking of changing schools, you need to plan ahead and determine how your plans will affect your student-athlete's eligibility. The Lento Law Firm Student Defense Team has the experience to help you with these difficult decisions. And because hardship waivers can also apply to NSAA transfer eligibility determinations, if your student-athlete is transferring because of a hardship situation, it's important to make sure any request for a hardship waiver is as complete and persuasive as possible.
The Lento Law Firm Can Help Keep Your Student-Athlete Competing
The Lento Law Firm Student Defense Team has helped student-athletes all over the country deal with misconduct allegations, transfer issues, and athletic eligibility problems. We understand the often-complicated rules that apply to student-athlete eligibility in Nebraska, and we are ready to help you and your student-athlete with any eligibility challenges that you may be facing.
The four years of high school flash by in the blink of an eye, and it's important to do everything you can to help your student-athlete compete in the sport or sports that they love for every season possible. If your student-athlete is facing a situation that could affect their eligibility to compete, call the Lento Law Firm Student Defense Team at 888.535.3686 or use our online contact form to set up a confidential consultation. Our student-athlete attorneys are ready to help!
