As the parent or guardian of a high school student-athlete, or a younger student who aspires to become a high school student-athlete, you see first-hand how hard your athlete works to learn and improve the skills necessary to excel in their chosen sport (or sports!). At the same time, they're students too and have classes to attend, assignments to complete, and tests to take so that they progress in school as well. And they don't do any of this alone; you've probably helped them along the way both on the athletics side by getting them to practices and games and making sure they have the equipment and clothing they need, and on the academic side by assisting with them with school projects and homework and quizzing them for tests.
There is an additional way you can help your student-athlete, and that is to make sure they remain eligible to compete at their high school. In Massachusetts, high school sports are governed by the Massachusetts Interscholastic Athletic Association (MIAA), which has developed an extensive set of rules and regulations that apply to its member schools and to students, coaches, and officials who participate in high school sports. Keeping track of these regulations can be difficult – the MIAA Handbook is more than 120 pages long – which is why what follows is a summary of some of the most important eligibility requirements for high school student-athletes in Massachusetts.
If you have questions about your student-athlete's eligibility, or if they are facing a potential suspension or other loss of eligibility, contact student-athlete attorney-advisor Joseph D. Lento. He and the Lento Law Firm Student Defense Team have been advising high-school students and their families for years about disciplinary and eligibility issues, and can help you and your student make sure they remain eligible to compete for as long as possible.
Age-Limit and Year-Limit Restrictions and Waiver Requests
Assuming they meet all other eligibility requirements, high school student-athletes in Massachusetts are eligible to compete until they turn 19 years of age. If they turn 19 before September 1, they are ineligible to compete for the rest of the school year. Freshman student-athletes must be under age 16 as of August 31 in order to be eligible to compete during their freshman year.
Students are limited to four consecutive years of eligibility from grade 9 on. With three athletic seasons per year (fall, winter, spring), this means they are eligible to compete for 12 consecutive seasons.
Waivers of both of these requirements may be available. In particular, hardship waivers may be granted by the MIAA Executive Director in cases where “the rule works an undue hardship” on the student-athlete; where granting the waiver won't create an unfair competitive advantage for the student or their school; if the waiver request “addresses how this waiver will impact the home school student body;” and if the waiver is consistent with MIAA athletic goals.
Waivers of the year-limit restrictions may also be granted where the student was unable to receive passing grades or complete the course requirements because of an accident or illness. Depending on the situation, the student may only be granted a waiver for the specific season of competition that they missed due to the accident or illness.
Waiver requests are submitted by the school, not by the student or parents. This is why it can be very helpful to have the help of experienced student-athlete attorney-advisor Joseph D. Lento and his Student Defense Team when preparing waiver requests. Busy school administrators may not always have the time to fully complete, prepare, and submit effective waiver requests for student-athletes who want to preserve or restore eligibility, and having someone with experience to help gather, organize, and present the information in an effective way can make all the difference as to whether a request is filed or not.
If the MIAA Executive Director denies a waiver request, the school (again, not the student-athlete or parents) can appeal the denial to a subcommittee made up of members of the MIAA Eligibility Review Board and the Massachusetts Interscholastic Athletic Council. Appeals are a more serious matter and “must be presented in person by the high school principal or his/her designee who must be an assistant principal in that high school or the athletic director.” Students, parents or guardians, family members, “or other representatives” may appear in person as well.
Here too, having an experienced student-athlete attorney-advisor on your team can be a great help. Joseph D. Lento has appeared on behalf of students and their families in a wide range of scholastic and in-court situations. His team has the experience and knowledge to understand how to present appeals in a way that will most likely resonate with the MIAA appeal subcommittee.
Academic Eligibility Requirements and Waiver Requests
Student-athletes must be enrolled in and pass “courses equivalent to four traditional year-long ‘major' English courses” in order to be eligible to compete in high school sports in Massachusetts. Eligibility is determined as of the date that report cards came out for the most recent “marking period.” (Students whose schools use a “4 x 4 block schedule” must pass at least two of four required ‘major' courses during each of the marking periods.)
To be eligible to compete during the fall semester, student-athletes must have “passed and received full credits for” four of the ‘major' courses during the previous academic year. To be eligible during the winter and spring semesters, students must have met the four-course minimum enrollment requirement and passed those four courses during the previous semester.
Summer school class credits and grades may only be used to make up classes that the student was enrolled in and failed to pass “during the immediate preceding academic year.”
Here too, waivers may be available in hardship situations. Joseph D. Lento can help you and your student-athlete evaluate their particular situation and determine whether seeking a waiver is likely to be successful. In cases where it appears that it may be, student-athlete attorney-advisor Lento and the Lento Law Firm Student Defense Team can help you prepare the materials and arguments so that your student's high school can submit a timely and effective waiver request.
School Disciplinary Defense
The MIAA prohibits a suspended student from competing in interscholastic sports. And schools have wide discretion to investigate allegations of student misconduct and determine punishments, which can include in- and out-of-school suspension as well as lesser measures such as suspension from extracurricular activities (which, of course, would include athletics).
High schools generally have their own codes of conduct and procedures in place for investigating student misconduct allegations and determining what the consequences will be in the allegations against the student are supported. The problem with these procedures is that – as well-meaning as they might be – they are typically administered by busy school officials who may or may not fully investigate the allegation or render a fair punishment.
This is where Joseph D. Lento can be a significant help. He and the Lento Law Firm Student Defense Team have advised high school students all over the country who have been involved in school disciplinary proceedings. He understands how these processes work, how administrators think, and how to present a defense in a way that preserves the student's rights. In cases where the allegations are substantiated, in full or in part, Joseph D. Lento's team can often suggest alternative consequences that allow the student to continue to compete in athletics while respecting the school's need to maintain discipline and order.
If your student is accused of in-school misbehavior that could result in their loss of eligibility to compete in high school sports, contact Joseph D. Lento's Student Defense Team for help.
Discipline Defense for Behavior During Games
Student-athletes in Massachusetts who are ejected from competitions (games, matches, meets, etc.) by an official are automatically ineligible to compete in the next-scheduled competition (including tournament play). The ineligibility period is extended to two competitions for ejections from baseball, ice hockey, and soccer competitions.
Student-athletes who are ejected for fighting, striking an opposing player (outside the scope of competition), or spitting at someone are suspended for two games.
If a student is ejected twice in the same season, they lose eligibility for one year from the date of the second ejection – in that sport and in all other sports during that season. Similarly, a student who “physically assaults an official” or “willfully, flagrantly, or maliciously” tries to injure an opponent will be suspended from all sports for one year from the date of the expulsion.
One-year disqualifications may be appealed to the MIAA Eligibility Appeal Board, but it has to happen quickly – the MIAA rules require the appeal to be “initiated within two school days.” Here too, the appeal must come from the principal or assistant principal. A hearing will take place where witnesses can be heard. Hearings are normally open to the public, so anyone – including the student's attorney-advisor – may attend.
If your student-athlete is facing a year-long suspension due to in-game misconduct allegations, contact Joseph D. Lento's Student Defense Team for help. It's not unusual for officials to make mistakes as to who has done what during the heat of competition, and there may often be video footage or testimony that can help show that the ejection that resulted in the suspension was a mistake. Student-athlete attorney-advisor Joseph D. Lento's team can help gather that information and prepare witnesses for hearings so that your student-athlete's rights to a fair hearing and result are respected.
Transfer Issues When You're Not Moving to a New Home
MIAA rules state that a student who transfers to a new high school is ineligible to compete in the same sports the student participated in at their old high school for a period of one year. (Provided the student participated in those sports at the varsity level and during the previous year.)
Exceptions exist to this rule. If a student transfers because his family has moved from one school district to another, the student will immediately be eligible to compete at the new school. This exception does not apply to situations where the student's parents are living apart for any reason and the student decides to live with the other parent. It also doesn't apply to changes of custody or guardianship.
There is another exception that may apply. If the student-athlete transfers before the beginning of the season, and their old school and new school agree, the student may be allowed to compete at the new school without having to sit out for a year. The schools must collaborate on a Transfer Rule form. The student's old principal and athletic director need to certify that the student was not recruited to attend the new school, that the transfer is not “related to athletics,” and that the student is and would otherwise be eligible to compete at the old school.
Student-athlete attorney-advisor Joseph D. Lento can help smooth the path in these kinds of transfer situations by making sure there are no questions at the student's old school about their motivation for leaving. In addition, it's important to make sure that the student-athlete meets all of the other requirements for transfer, that they are both academically eligible and not subject to any disciplinary ineligibility.
MIAA transfer rules may also be waived by the MIAA's Executive Director. If the waiver request is denied, it can be appealed to the subcommittee made up of members of the Eligibility Review Board and the Massachusetts Interscholastic Athletic Council, as described above. Joseph D. Lento and the Lento Law Firm Student Defense Team can help in these situations as well.
Make Joseph D. Lento's Team Part of Your Student-Athlete's Team When Eligibility is Threatened
Joseph D. Lento's team has years of experience helping student-athletes remain eligible for high school sports. Whether it's a school disciplinary proceeding, an in-game disciplinary issue, an academic eligibility problem, or a transfer issue, he and the Lento Law Firm Student Defense Team can help you and your student navigate the MIAA waiver and appeals process. If your student-athlete is facing a situation that could bring their high school athletic career to a temporary or even permanent halt, call Joseph D. Lento as soon as possible to discuss the situation. He can be reached at 888.535.3686 or through the Lento Law Firm's online contact form.
