High school student-athletes are really remarkable. In addition to staying on top of their studies, they voluntarily take on the added burdens of getting and staying in shape, learning and improving their athletic skills, trying out for their school team or teams, attending practices on what would otherwise be their off-hours, and then competing in public for their school. The lessons student-athletes learn from doing something extra will stay with them the rest of their lives, as will many of the friends that they will make along the way. There are no two ways about it – even with all of its pressures and uncertainties, there still is nothing like the experience of being part of your school's high school athletics program.
In Delaware, high school sports are governed by the Delaware Interscholastic Athletic Association (DIAA), which operates as part of the state's Department of Education. The DIAA publishes all of its regulations on its website, but because these cover many different aspects of high school athletics, including conference designations, health and safety regulations, coaching and official requirements, and other topics in addition to student-athlete eligibility, it can be difficult as the parent or guardian of a high school student-athlete to find the information you need that relates to your student.
The Lento Law Firm Student Defense Team has prepared this summary of key eligibility rules to help parents and guardians of high school student-athletes competing in Delaware understand what those issues are and, just as importantly, what to do if their student-athletes' eligibility is threatened. If, after reading this, you still have questions about your student-athletes particular situation, call the Lento Law Firm Student Defense Team at 888.535.3686 or reach out to us using our online contact form to set up a confidential consultation. We understand how much you do for your student-athlete, and we're ready to help you help them stay eligible so that they can focus on their studies and their athletics. Age-Limit and Semester-Limit Restrictions and Waiver Requests
Age-Limit and Semester-Limit Restrictions and Waiver Requests
Student-athletes who otherwise meet all eligibility requirements can continue to compete in Delaware high school sports until they turn 19. If they turn 19 on or after June 15, they will continue to be age-eligible through the entire next school year. If, however, their 19th birthday is before June 15, they will not be eligible to compete during that next school year.
Very limited waivers of the age-limit rule may be granted, but only for “participation on an unofficial, nonscoring basis in noncontact or noncollision sports.”
Student-athletes have four consecutive years of eligibility once they begin ninth grade. While waivers may be possible “for hardship reasons,” student-athletes won't be allowed to have “more than four opportunities to participate” in each season's sports.
What determines whether a hardship waiver will be granted? First, the student-athlete situation must meet the definition of “hardship,” which essentially is that “unforeseen events” beyond the student-athletes control (and that of their family and school) must prevent the student from not only competing in their chosen sport or sports, but from “completing their academic requirements.” In other words, a student who suffers a sports injury that keeps them from competing but still allows them to attend school is unlikely to be granted a hardship waiver.
If you believe your student-athlete is entitled to a hardship eligibility waiver, the Lento Law Firm Student Defense Team can help you make sure you provide the evidence necessary to support a waiver request, including the required evidence to verify that you and your student-athlete “sought assistance to ameliorate the effects of the hardship condition.”
Academic Eligibility Issues and Waivers
Student-athletes must be pursuing a “regular course of study” and “must be passing at least five credits.” Two of these credits must be in English, Math, Science, World Language, or Social Studies. (Student-athletes in the 12th grade must be passing “all courses necessary for graduation.”)
If the student-athlete fails to meet these standards during any “marking period,” they will not be eligible to compete during the next marking period. Successful completion of summer school work (whether in-class or online) may be used to remedy the student-athlete's failure to meet the academic eligibility requirements, provided the work is completed before the beginning of the new school year.
Academics is one area where parents and guardians can be a great help to their student-athletes. By staying on top of your student-athlete's class progress during the school year, it's much easier to spot and correct deficiencies as they begin to arise. Once a student has failed a class, making up that course forces them to take on a significant burden.
In some fairly rare situations, poor grades may be the result of a teacher's unfair grading policies. Particularly if those policies are applied to your student-athlete and not to other students, there may be grounds to bring the matter to the attention of school administrators. This can be a tricky and sensitive topic to raise; fortunately, the experienced attorneys from the Lento Law Firm Student Defense Team have experience with these kinds of delicate situations and can help guide you in how best to approach the topic while still protecting your student's rights and their future interactions with that teacher.
Waivers may be available in situations where the student's failure to meet the academic standards is the result of a personal or family hardship that kept them out of school and unable to complete out-of-class or make-up work for an extended period of time.
School Disciplinary Defense
Student-athletes spend a lot more time being students in school than they spend being athletes on the field. As a result, they're more likely to run into disciplinary issues in school that may result in a significant period of ineligibility. Sometimes, the issue relates to behavior; other times, the school is alleging that the student-athlete has committed academic misconduct.
All schools have an honor code or student handbook that describes the school's expectations for student behavior, which may go into some detail about how allegations of serious misconduct are dealt with. Schools have a wide range of disciplinary tools at their disposal, from verbal warnings to school detentions to suspensions or expulsions. Another available tool, that can particularly hurt a student-athlete, is suspension from extracurricular activities.
The problem with many school disciplinary proceedings is that busy school administrators don't always have the time to fully investigate a misconduct claim. They may not have extensive experience with school disciplinary conferences or hearings. As a result, student-athletes may be unfairly disciplined for misconduct they did not commit. This is why it can be very helpful to be working with one of the experienced attorneys from the Lento Law Firm Student Defense Team. We have seen this kind of thing over and over again at high schools across the country, including in Delaware, and we can help you protect your student-athlete's rights.
Whether it's by conducting our own investigation (to get at the “rest of the story” that the school may have missed), by advising you during school conferences, by representing your student-athlete during disciplinary proceedings, or by negotiating with the school to arrive at a suitable consequence where misconduct has been proven that will keep your student-athlete competing, our attorneys can help make sure your student-athlete has every chance to continue to compete.
Discipline Defense for Behavior During Games
Under the DIAA rules, players who leave the bench during a “fight or other physical confrontation” will be ejected from that competition.
Student-athletes who are otherwise ejected from competitions on sportsmanship grounds are automatically ineligible for the next scheduled competition. A second ejection during the same season shall result in a two-game suspension. In addition, the student-athlete and the school's principal or designee must meet with the DIAA Sportsmanship Committee “in a timely fashion.”
A student-athlete who strikes an “official, opponent, coach, or spectator” may lose eligibility for up to 180 school days.
Suspensions that result from being ejected may be appealed to the DIAA Executive Director, who may refer the matter to the DIAA Sportsmanship Committee. Appeals must be filed quickly so that the Executive Director or Sportsmanship Committee can reach a decision before the penalty period expires. If the Executive Director denies the appeal, the matter can be taken to the DIAA Board of Directors.
A very common ground for an appeal of this type is that the official who ejected the student-athlete misidentified them. In these kinds of situations, the video of the competition showing that some other player was responsible for the infraction can be the best evidence. The Lento Law Firm Student Defense Team can work with you if you believe your student-athlete's ejection was unwarranted and should be reversed on appeal.
Transfer Issues and Waivers
The DIAA rules relating to student-athlete residency and transfers are quite complicated. There are a number of different transfer scenarios that the rules attempt to address, and it can be a real challenge to understand what rule or rules may apply to your particular situation. The main thing to take away from these rules is that planning is key to making sure your student-athlete can continue to compete after transferring to a new school. The Lento Law Firm Student Defense Team can help you understand what the consequences might be if your family is moving to a new home or your student-athlete is thinking about transferring to a new high school. It's much better to face these issues before making any move so that you're prepared for what the result might be.
Student-athletes must generally attend the high school that is in the “attendance zone” of their family's residence. If school policy permits, a student-athlete whose family moves to a new attendance zone during the student's high school career may elect to remain in their existing school and will be eligible to compete there (assuming, of course, that they meet all other eligibility requirements). This decision needs to be made before the first day of the coming school year. If the student later decides to transfer to the school in their family's new attendance zone, they will be ineligible to compete for one school year.
Similarly, if a student's family moves to a new attendance zone in the middle of a school year, their existing school may allow them to continue to attend there until the end of the school year. In such a case, the student-athlete will continue to be eligible at that school through the end of that school year.
In terms of the student-athlete transferring to a new school, the DIAA rules state that unless an exception or waiver is applied, a student-athlete who transfers to a new high school is ineligible to compete at that new high school for one school year, beginning with the first day that the student is officially attending the new school. There are numerous exceptions to this general rule, however.
For example, if the student-athlete's family moves to a new residence in a different attendance zone, the student-athlete will be eligible to compete at the new school – but only if this is the student-athlete's first transfer during their high school athletic career. If it happens a second time during the student-athlete's high school career, they won't be eligible until the one-year period passes.
A student-athlete who has not competed at their old school can immediately compete at their new school. If the student did compete at their old school but has not competed in a sport during the previous 180 school days, they will be eligible to compete immediately at their new school.
Student-athletes may transfer once during their freshman or sophomore years without losing eligibility at the new school, except that they can't compete for two separate schools in the same sport in the same season unless some other exception applies. If they make a second transfer during either of the first two years, they will be ineligible at the new school for 90 school days beginning with their first day of attendance at their new school.
There are a number of other exceptions to the general transfer rule; in addition, hardship waivers may be available under proper circumstances. But again, the most important thing to take away from this is that planning is key to making sure your student-athlete can continue to compete after a family move or school transfer. The Lento Law Firm Student Defense Team can help you understand your situation and plan for the best result.
The Lento Law Firm Can Help Keep Your Student-Athlete Competing
The Lento Law Firm Student Defense Team has been helping student-athletes stay eligible to compete in the sports that they love in high schools all over the country, including in Delaware. If your student-athlete is facing a situation that could result in their being ineligible to compete – whether it's because of academics, conduct, a transfer situation, or otherwise – contact one of our experienced student-defense attorneys today. The sooner you reach out, the more likely it will be that we can help your student resolve the situation.
Call us at 888.535.3686 or use our online contact form to schedule a confidential consultation with one of our experienced attorneys. The Lento Law Firm Student Defense Team understands how important high school sports are to you and your student-athlete, and we are here to listen and help!
