As the parent or guardian of a student-athlete competing in high school sports in New Hampshire, you understand first-hand how important it is that your student-athlete remains eligible to compete. High school sports are such an important part of many student's lives. For many, it's a chance to make lifelong friends, to do something extra beyond the schoolwork they're required to do each day and to push themselves to reach and exceed their personal goals.
In New Hampshire, high school sports are governed by the New Hampshire Interscholastic Athletic Association (NHIAA). There are currently more than 85 high schools that are members of the NHIAA, which regulates virtually all aspects of interscholastic sports competition over a range of more than 25 sports during three sports seasons. While the NHIAA publishes a handbook to inform parents, students, coaches, officials, and others of the NHIAA bylaws that govern high school sports in New Hampshire, it may be difficult to sort through the handbook's 38 sections to find the information you're looking for.
That's why the Lento Law Firm Student Defense Team has put together this summary of some of the key aspects of the NHIAA bylaws that can affect student-athlete eligibility. One of the most important things you can do as a parent or guardian of a student-athlete is to make sure they remain eligible to compete throughout all four years of their high school experience. These years are important to the growth and development of students, and you want to make sure your student-athlete has every opportunity to challenge themselves on the field, court, track, or wherever their sport takes them for competition.
If you have questions after reading this summary, contact the Lento Law Firm Student Defense Team at 888.535.3686 or use our online contact form to set up a confidential consultation. Our experienced attorneys understand how the NHIAA eligibility bylaws work and are ready to help you make sure your student-athlete remains eligible to compete in the sport or sports that they love.
Age-Limit and Semester-Limit Restrictions and Waiver Requests
Student-athletes remain eligible to compete in high school sports in New Hampshire (assuming they meet all other eligibility requirements) provided they have not turned 19 before September 1 of any school year. If they turn 19 before September 1, they are not age-eligible during the upcoming school year. If they turn 19 on or after September 1, they are.
In addition, student-athletes have eight consecutive semesters of potential eligibility, beginning with the first semester of ninth grade.
Waivers of these and other NHIAA eligibility rules may be possible. Waiver requests (which are called requests for “eligibility deviation”) must be submitted by the principal of the student-athletes school to the NHIAA's Executive Director. Each request needs to address specific criteria, specifically:
- The merits of the case
- Whether granting the requested deviation from the rule would be inconsistent with the rule's purpose
- Whether the student-athlete contributed to or caused the factors that resulted in their ineligibility
- In transfer eligibility cases, whether there is evidence that the transfer was required because of unforeseen adverse circumstances that occurred and that were not the student-athlete's fault.
Requests for eligibility deviations need to be submitted in a timely fashion so that the Executive Director's decision can actually help. The Executive Director has up to 14 days to rule. The ruling may be appealed to the NHIAA Council Appeals Board, provided the appeal is filed within 14 days of the Executive Director's ruling.
Academic Eligibility Requirements
Student-athletes must have passed four units of “work” (a course that meets the equivalent of five times a week) during the previous grading period in order to be eligible to compete during the next grading period. Student-athletes must be enrolled in at least four units of work during a grading period to be eligible to compete during that grading period. (Schools that operate on non-traditional schedules and grading formats adapt these requirements to their formats).
What constitutes a passing grade is determined by the student-athlete's individual school and so may vary from one school to another.
Student-athletes are allowed to make up “deficiencies, failures, or incompletes” using academic or credit recovery programs, provided they are able to make up the deficient work before the first official date of play listed by the NHIAA for their sport. Individual schools can impose stricter “make-up” requirements.
In most cases, the best way to try to remedy potential academic eligibility issues is at the teacher or school level by engaging with your student-athlete's teacher or school administrators to see whether there is a way for your student-athlete to address potentially failing grades before they happen. In some relatively rare cases, poor grades may be caused in part by a teacher's unfair treatment of the student; in those situations, it can be helpful to have the advice and assistance of one of the experienced attorneys from the Lento Law Firm Student Defense Team.
In addition, as with other eligibility rules, it may be possible to secure an “eligibility deviation” ruling from the Executive Director, particularly in cases where the reason for the academic deficiencies is related to a hardship situation such as an injury or illness suffered by the student-athlete that prevented them from attending school for an extended period of time, or where there was a serious illness or death involving a close family member.
School Disciplinary Defense
Schools have a huge amount of leeway when it comes to disciplining students, including student-athletes, and that can spell disaster in some cases. All schools have student handbooks or codes of conduct or similar written requirements and procedures that describe how students are expected to behave and what happens if they're accused of misconduct.
One common disciplinary measure is to limit the student's ability to participate in extracurricular activities – including sports. And because of the wide discretion schools have to impose these kinds of punishments, there may be no particular limit on how long such a prohibition might last.
A common problem with school disciplinary situations, particularly where the misconduct allegations are serious, is that busy school administrators don't always have the time or the training to fully investigate the allegations. That's why it can be extremely helpful to work with an experienced student defense attorney from the Lento Law Firm Student Defense Team. We understand how high school misconduct procedures work, and we also know how to conduct our own investigations into what really happened to get the kind of “rest of the story” information that can sometimes help your student-athlete avoid serious punishment.
Your student-athlete has rights, both on the field and in the classroom, and the Lento Law Firm Student Defense Team is committed to protecting those rights and making sure that your student-athlete is treated fairly by their school. Reach out to us if your student-athlete is facing a serious misconduct allegation that could interfere with their athletic eligibility in New Hampshire; we can help you understand your options and decide what to do next in what can be a very upsetting and distracting situation.
Discipline Defense for Behavior During Games
Student-athletes who are ejected from a competition are prohibited from participating in the next scheduled competition and must view a sportsmanship video “under the supervision of a school official” before they can return to competition. The school must submit a “certificate of completion” to the NHIAA in order for the student-athlete to be eligible again.
A second ejection during a season will result in the student-athlete losing eligibility in that sport for the remainder of the season.
Players who leave the bench during an altercation that is taking place in the playing area will be disqualified for the next scheduled competition. A player ejected for fighting will be suspended for the next two scheduled competitions.
Schools are allowed to ask the NHIAA Executive Director and the Sportsmanship Committee for a hearing “to explain the circumstances of the situation.” After the hearing, the Executive Director “may modify consequences.” A common reason for making such a request is when there is video evidence showing that the student-athlete who was ejected from the game was not the player who committed the infraction that resulted in the ejection.
Transfer Eligibility Issues
The NHIAA has some fairly complicated rules regarding when a student-athlete who transfers from one high school to another will immediately be eligible to compete at the new high school. The best way to make sure your student-athlete remains eligible after a transfer is to plan ahead before the transfer happens. The Lento Law Firm Student Defense Team understands the NHIAA transfer eligibility bylaws and can help you plan ahead and make sure your student-athlete's planned transfer doesn't bring with it an unplanned period of ineligibility at their new school.
Generally speaking, if the family of an otherwise eligible student-athlete moves out of their old home and into a new home in a new school district, the student-athlete will be eligible to compete at the high school in the new district. The move must be an actual one; it must “consist of the moving of all household properties to the new address and the parents and student(s) actually living there.” A second home or vacation cottage won't satisfy this standard.
If the student-athlete transfers without a corresponding change to the family residence, they will be ineligible to compete at the new school for one calendar year from the date they enroll at their new school.
The NHIAA may waive the application transfer-ineligibility bylaws in certain situations. In particular:
- The student-athlete must not be transferring “for the purpose of participating in interscholastic athletics”
- The student-athlete must not have been recruited by the new school
- A “Transfer Rule Affidavit” form must be completed and submitted to the NHIAA and must be approved by the Executive Director
- The student-athlete must otherwise be eligible
That said, a student-athlete transferring to a new school without a change in residence can't be added to the roster of a team after the first day of practice for that sport. If a student-athlete transfers to a school within one year of their coach from their old school relocating to the new school, they will be ineligible for one year from the date they enroll at the new school.
In addition to the possibility of a waiver, student-athletes may be able to ask the NHIAA to allow the student to compete under the “Hardship Eligibility” provision of the NHIAA bylaws. This requires the student-athlete to submit evidence that their transfer was necessary because of “unforeseen, unavoidable, or unusual circumstances.” This request must be submitted to the NHIAA by the school principal, as with other requests for “eligibility deviation.”
The Lento Law Firm Can Help Keep Your Student-Athlete Competing
The Lento Law Firm Student Defense Team can help make sure your student-athlete remains eligible to compete in the sport or sports that mean so much to them. We can help you understand a situation that is threatening your student-athlete's eligibility or that has taken that eligibility away. If further investigation of an alleged misconduct situation is called for, we know how to conduct effective investigations that may uncover information that will help our student-athletes, particularly in school misconduct situations. We also know how to work with schools when necessary to come up with disciplinary alternatives that will keep your student-athlete competing while still respecting the school's need to maintain discipline.
Where eligibility deviation requests may be the answer, our student defense attorneys can help by gathering and presenting the supporting information in a compelling and usable way to make it easier for the principal to submit the request on behalf of your student-athlete.
The Lento Law Firm Student Defense Team has helped high school student-athletes all over the US, and we're ready to help you and your student-athlete, too. Call us today at 888.535.3686, or use our online contact form to set up a confidential consultation. We are here to listen and to help!
