As a parent or guardian of a high school student-athlete competing in New York State (or a middle schooler hoping to do so someday), you understand how important athletics are to your student, and how hard they work to stay in shape and develop the skills needed to excel. You've probably played an important role in both their athletic and academic lives, whether by making sure they get to their practices and games, by cheering them on from the stands, or helping them with homework and test preparation.
One more thing you can do to help your student-athlete is to understand some of the basics of the student-athlete eligibility rules put in place by the New York State Public High School Athletic Association (NYSPHSAA), which governs public high school sports outside of New York City. The NYSPHSAA's lengthy handbook covers rules that relate to athletes, schools, coaches, officials, and fans, isn't exactly easy reading. So we have summarized some of the main points that relate to student-athlete eligibility.
If you have questions about your student-athletes eligibility, or if their eligibility is threatened for any reason – age issues, disciplinary reasons, transfer questions – contact Joseph D. Lento and the Lento Law Firm's Student Defense Team. They have years of experience helping high school student-athletes with a wide range of issues that can affect their ability to compete, and they can help you and your student-athlete too.
Age-Limit and Semester-Limit Restrictions and Waiver Requests
Assuming they meet all other eligibility requirements, student-athletes in New York State are eligible to participate in high school sports until their 19th birthday, and if they turn 19 on or after July 1 of any year, they remain eligible to compete during that next full school year. So a student who is entering 12th grade and turns 19 on July 1 will be eligible to compete throughout their entire senior year, while a student who turns 19 on June 30 will not be.
Student-athletes are eligible to compete in a given sport for four consecutive seasons of that sport, beginning with 9th grade. This season-limit rule means that in most cases, student-athletes can only participate in high school sports for four years.
In certain limited situations, student-athletes may be able to seek a waiver of the age-limit rule. The rule is one imposed by the New York State Education Department, so the NYSED waiver process applies to such requests. Waivers usually apply in situations where the student-athlete has verifiable learning issues that have impacted their ability to progress from one grade level to another.
Hardship waivers are not available for the age-limit rule but are available for the season-limit rule. To be granted a hardship waiver, the student-athlete must be able to show that they were prevented from attending school for a semester (or more) due to a documented physical or emotional condition and, as a result could not participate on a team during that period. They also must show that they need an additional semester (or more) to graduate, and that allowing them to participate in their particular sport won't significantly harm the chances of other students to do so.
Waiver requests need to be filed by the “chief school officer” of the student-athletes school, and not by the parents. If the waiver request is denied, it can be appealed, and there are specific procedures and requirements that apply to appeals.
If you believe that your student-athlete is entitled to a waiver of the season-limit rule, or that a waiver request was improperly denied, contact Joseph D. Lento and the Lento Law Firm Student Defense Team for help. In cases where you need a school official to process a waiver request for your student-athlete, they can help you gather the necessary documentation to support it and can also offer to help the school with the waiver request process. In addition, if an appeal is necessary, Joseph D. Lento and the Lento Law Firm Student Defense Team can help busy school personnel put together the materials required in order for the appeal to proceed.
Academic Eligibility Requirements
Student-athletes in New York State must be enrolled in at least four courses, including Physical Education, during the semester in which they wish to compete in order to be eligible to do so.
Unlike many other state sports associations, the NYSPHSAA does not have a specific grade point requirement, or a requirement that a student-athlete has passed a certain number of courses during a previous semester in order to be eligible to compete during a current semester. Individual schools may impose their own eligibility requirements, however. If your student-athlete is facing a situation where a school's academic eligibility requirement may prevent them from competing in a sport that they love, contact Joseph D. Lento and the Lento Law Firm Student Defense Team for help. They have been through these kinds of situations before, and can often offer alternative ways to make sure your student-athlete meets the school's education requirements while still being able to compete in the sports that they love.
School Disciplinary Defense
High schools in New York State, as with schools across the country, have detailed student conduct requirements and procedures that can seriously affect a student-athletes ability to compete. Considering that most students spend a lot more time in school than they do on the practice field or in competition, student-athletes are more likely to find themselves ineligible to compete due to in-school discipline than they are for any other reason.
This is why it's extremely important for your student-athlete to understand the huge role that their school can play in determining whether they can practice or play with their team. In-school discipline can be simple or complicated, depending on the situation and the potential consequences, and can include any number of penalties ranging from a verbal warning to suspension from extracurricular activities, to temporary or permanent suspension from the school.
The disciplinary process will also vary widely, depending on the potential consequence. In some cases, the student's teacher or another member of the school staff will be the only person involved; in others, the principal, school district superintendent, or even the school district board of education may play a role. Generally speaking, the more severe the potential penalty, the more likely it is that the student-athlete will be entitled to a hearing of some type before any penalty is imposed.
In these more serious cases, it can be extremely helpful to have Joseph D. Lento and the Lento Law Firm Student Defense Team on your side. They have years of experience advising and representing students, including student-athletes, in serious school disciplinary situations, and can help you and your student-athlete understand the process, gather helpful evidence and information, and represent your student-athlete during any interviews and hearings that may occur.
It's also important to keep in mind that in addition to affecting your student-athletes ability to participate in their sport, some of the more serious penalties will remain on their school records. This can have an impact on future college or job applications, which is another reason to contact Joseph D. Lento and the Lento Law Firm Student Discipline Defense Team for help.
Discipline Defense for Behavior During Games
A student-athlete ejected from a competition on sportsmanship grounds in New York State is also ineligible to compete in their team's next competition. If it is the second time in the same sport and same season that the student has been ejected, they will be ineligible to compete in the next two games. And if it's the third ejection during a season, they lose their eligibility for the rest of the season (though if it happens during the last game of the season, the NYSPHSAA Section Athletic Council will decide to what extent the penalty will carry over to the next season).
A student-athlete who assaults an official can be ejected from the game and can be banned by the NYSPHSAA section for up to one year from the date of the offense.
Player disqualifications can only be challenged by the school (not by the student-athlete or their family), and the sole reason allowed for challenging is that the disqualified player was misidentified. In such a case, the school needs to present “clear and concise evidence” to support its claim, and must also identify who the actual player was.
School Transfer Issues
Student-athlete transfers can get complicated. High school athletic associations understand that student-athletes and their families will sometimes want to transfer schools for athletic reasons. In some situations, it's so that the student-athlete can join a stronger team that is more likely to perform well and attract attention from collegiate scouts; other times, it's so the student can join a weaker team in the hopes of standing out more (again for the scouts); and still other times it's because a particular coach or trainer is at another school and the student-athlete wants to compete as a member of that coach's team.
As a result, the NYSPHSAA has some fairly complicated rules in place that govern whether a student-athlete who transfers high schools will be immediately eligible to compete at their new high school.
First, if a student-athlete transfers high schools because their parents or guardians have moved to a new school district and the student is transferring to a school in that district, the student will be immediately eligible as soon as they begin attending the new school. That's generally the easy case, except if there is a concern that the “move” is not an actual one. In those cases, the family may be required to show that they have indeed moved their household from one home in one district to another home in another district.
A student who transfers to a new high school without a corresponding change of their parents' or guardians' home address will be ineligible to compete at the varsity level at the new school for one year, if the student participated in that sport at their old school during the past year. This one-year period begins from the date the student registers at the new school.
That said, NYSPHSAA does allow one “free” transfer per student-athlete. Essentially, the NYSPHSAA will waive the one-year ineligibility requirement one time during the student-athletes high school career, provided both their old school and their new school complete a transfer waiver form, and the old school certifies that the student-athlete is not transferring for athletically-motivated reasons.
Transfer eligibility decisions can be appealed on several grounds. One is financial; if the family has experienced a significant loss of income or increase in expenses that necessitates the transfer without a corresponding change of address. Another reason is “health and safety,” which is essential for situations where the student-athlete has become a target of physical or emotional abuse at the old school. These types of appeals must be supported by independent documentation.
It is important to consider the potential eligibility consequences for your student-athlete before they enroll at a new high school. Not every transfer is going to be approved, and situations where it's apparent that a student is transferring for athletic reasons or is following a coach or a trainer to a new school can result in a year-long period of ineligibility. Joseph D. Lento and the Lento Law Firm Student Defense Team understand these kinds of issues, and can help you navigate the sometimes-confusing transfer eligibility requirements.
Joseph D. Lento Can Help Keep Your Student-Athlete Competing
Joseph D. Lento and the Lento Law Firm Student Defense Team have been helping student-athletes around the country remain eligible to compete in their chosen sports for years. They understand the sometimes complicated rules and regulations that apply to eligibility and disciplinary situations, and can make sure that your student-athlete takes advantage of every opportunity to thrive in the sport that they love. If you are concerned about your student-athletes continued eligibility to compete at the high school level, or have questions about a disciplinary or transfer situation, call Joseph D. Lento and the Lento Law Firm Student Defense Team today. You can reach them at 888.535.3686 or through their online contact form. They are ready to listen and help.
