High school is an important time for all kids, but even more so for those students who choose to compete as student-athletes for their high school teams. These are special young people, the ones who decide to devote their time, energy, and talent to doing something extra. If you are the parent or guardian of a high school student-athlete in North Dakota, you understand how important it is that they be able to compete in the sport or sports that they love. That's why if their eligibility is threatened for any reason, you should contact the Lento Law Firm Student Defense Team. Our experienced attorneys understand the rules relating to high school sports eligibility in North Dakota and can help keep your student-athlete competing. Call us at 888.535.3686 or use our contact form to learn more about how we can help.
The North Dakota High School Activities Association (NDHSAA) is the governing body for sports and other activities at more than 170 public and private high schools across the state. And while the NDHSAA makes its constitution and by-laws available on its website, the 70-page publication covers a lot more than just student eligibility. That's why the Lento Law Firm Student Defense Team has put together this summary of some of the more important NDHSAA student eligibility requirements. Our goal is to provide concerned parents and guardians with the information they need to help keep their student-athletes competing.
Age-Limit and Semester-Limit Restrictions and Waiver Requests
Student-athletes remain age-eligible to compete in North Dakota until they turn 20, assuming they meet all other eligibility requirements. This rule applies even if the student's birthday falls in the middle of their sports season; once they turn 20, they must stop competing.
Student-athletes have eight consecutive semesters, or four consecutive years, of potential eligibility, beginning with the first semester of 9th grade. Going along with that, student-athletes may only compete in four seasons in any one sport in grades 9 through 12.
Waivers of the age-limit rule are not allowed. The NDHSAA Executive Secretary may grant an exception to the semester-limit rule for one or two additional semesters of eligibility where the reason for the request is “a diagnosed life-threatening disease or other exceptional reason.” The request must come from the student's school, not from the student-athlete or the family, and the request for one or more extra semesters of eligibility should include information to support the student-athlete's illness or exceptional circumstances. The school also needs to confirm that the student is age-eligible and meets the NDSHAA academic eligibility requirements.
If the Executive Secretary refuses to grant an exception to the semester-limit rule, the school can appeal by letter to the NDHSAA Executive Director. If the Executive Director grants the request, other schools then have an opportunity to appeal that decision to the NDHSAA Board of Directors. If the Executive Director denies the request, the student-athlete's school can appeal to the Board.
The Lento Law Firm Student Defense Team can help in semester-limit exception situations. Sometimes, the main hurdle is getting the school to agree to file the request; by preparing much of the paperwork in advance, we can help busy school administrators collect and prepare much of the documentation that they will need to put together to support the request.
Academic Eligibility Requirements
The NDHSAA requires student-athletes in North Dakota to be making “satisfactory progress toward the school's requirements for graduation.” What “satisfactory progress” means is left up to the individual school, but the NDHSAA rules also note that if a student-athlete fails to “acquire two and one-half credits at the end of a semester,” they will be ineligible for “a minimum of two weeks the following semester.”
The NDHSAA allows summer school “makeup courses” to be applied to the previous semester's requirements.
The NDHSAA does not have rules that specify what the student-athlete needs to do at the beginning of the next semester to become eligible if they fail to meet the minimum passing credit requirement during the previous semester. In other words, unless the school has other standards, the student-athlete will become eligible “exactly two weeks from the first day of the semester.”
The relatively short penalty period following a semester of poor performance reduces the need to seek waivers of the NDHSAA academic eligibility requirements. That said, those first two weeks can be important in many sports. This is why it's important to keep close track of your student-athlete's academic progress, which in recent years has become easier to do with the introduction of “parent portals” that many schools use to allow parents and guardians to access a wide range of information about their student and the school.
In situations where a student's grades are slipping, or assignments are not turned in on time (or at all), it can be helpful to meet with your student-athlete's teacher or teachers to see if there is some action that can be taken to help your student-athlete improve. In some cases, extra-credit work can be assigned; in others, where it appears that a teacher is being unusually difficult with your student-athlete, more so than with other students, it may be necessary to discuss the situation with school administrators.
The Lento Law Firm Student Defense Team has experience dealing with these kinds of sensitive school situations. We can help you approach the school in a firm but respectful way when a teacher is being unduly unfair and work with the school to arrive at a satisfactory resolution that keeps your student-athlete competing.
School Disciplinary Defense
Student-athletes spend much more time in school being students than they do on the field being athletes. For that reason, they're more likely to encounter a school disciplinary situation that will prevent them from competing than one that happens during a competition. All schools have codes of conduct or student handbooks that describe the types of student behavior that is expected and that is not accepted by the school. In most cases, the handbook will also explain how the school resolves misconduct allegations.
Schools also typically note that they have a wide range of penalties available in student misconduct situations, ranging from verbal warnings to detention to expulsion. One of the tools that schools use to discipline students is suspension from extracurricular activities – which, of course, can include interscholastic sports. This can result in your student-athlete being barred from competing for however long the school administrators decide is appropriate for the given situation.
That's why you need the help of an experienced student-defense attorney if your student-athlete is accused of serious misconduct at school. Busy school administrators often don't have the time or training to fully investigate misconduct claims and may conduct investigations, meetings, and hearings in an unfair way. Attorneys from the Lento Law Firm Student Defense Team can help you and your student-athlete by conducting our own investigation of the allegations, by helping you at meetings with school officials, and by being by your side – and your student's side – during school disciplinary hearings. We will work to make sure that the process is conducted fairly, in a way that respects your student's rights. In many cases, depending on the circumstances, we are able to discuss the situation with school officials and arrive at a solution that keeps your student-athlete competing while still respecting the school's need to discipline students.
Discipline Defense for Behavior During Games
Student-athletes ejected from competition due to unsportsmanlike conduct are ineligible for the next scheduled competition at that level – as well as for all other competitions in that sport at any level until the next scheduled one takes place. A second ejection in that sport during that season will result in the student-athlete losing eligibility for the next four scheduled competitions at that level (as well as other competitions in that sport at any level during that time period).
Unfinished ineligibility periods will carry over from one season to the next season in that same sport. While there is no provision in the NDHSAA by-laws for appealing an ejection based on unsportsmanlike conduct, there is nothing prohibiting making such a request, particularly where there is compelling video footage showing that an official misidentified a student-athlete responsible for the unsportsmanlike behavior. The Lento Law Firm Student Defense Team can help you evaluate such a situation and can advise you on how best to get your student-athlete back on the field, particularly in cases where they're facing a four-game suspension.
Residential Eligibility Requirements and Transfers
The NDHSAA has a comprehensive set of rules regarding student-athlete enrollment and transfers. They can sometimes be difficult to interpret depending on your student-athlete's and your family's situation, which means that if you're not careful, your student-athlete may change schools and find that they're ineligible to compete at their new school for up to one full year.
The key thing to remember in any school transfer situation is that planning can make all of the difference. If your family is considering moving to another school district, or if your student-athlete is talking about transferring to a new school, the Lento Law Firm Student Defense Team can help you review your situation and take steps to make sure your student-athlete keeps competing. Contact us to learn more.
Generally speaking, unless the student-athlete's family has moved to “the school district to which the student transferred,” a student-athlete who transfers to a new high school must wait one calendar year from the date they make the transfer before they can compete at the new high school. This also applies in cases where the student-athlete transfers from a private high school to a public one or vice-versa. This applies even if the transfer takes place between school years; in that case, the one-year period begins “on the first date for fall practice in any sport.”
The NDHSAA will scrutinize family moves to make sure that they are actual moves. In the words of the NDHSAA, the former residence must be “totally vacated ‘lock, stock, and barrel.'” That said, there is no limit on the number of family-move school transfers a student-athlete can make. Though unlikely, if a family moves several times during the course of a student-athlete's high school career, the student would be immediately eligible at each new high school – assuming, of course, that each move was a genuine move.
Note that student-athletes may remain at their high school (and remain eligible to compete at that high school) even after their families move to a new district. The student-athlete can choose to finish the school year at the old school, but if they're going to transfer to the school in the new district they must make that decision “within a reasonable time.” But if they enroll in the old school for the next school year, the NDHSAA will assume their choice is to remain there and will impose the one-year ineligibility period even if they later transfer to the school in the family's new school district.
Hardship exceptions may be granted in cases that are “beyond the control of the student or the student's parents.” The situation must “involve undue hardship or an emergency which does not violate the intent of any standards of eligibility.” Examples include “broken home conditions, death of parents or guardians, abandonment or other exceptional or emergency reasons” that require the student-athlete to transfer schools.
The student-athlete's “school of attendance” must “submit and support” the hardship application to the NDHSAA Executive Secretary. The Executive Secretary's decision may be appealed to the NDHSAA Board of Directors.
The Lento Law Firm Student Defense Team can help with hardship application situations. Our skilled attorneys can make sure all information supporting the application is collected and presented in a compelling way and can save busy school administrators the time and effort it takes to prepare and submit a strong hardship request to the NDHSAA.
The Lento Law Firm Can Help Keep Your Student-Athlete Competing
Attorneys from the Lento Law Firm Student Defense Team have helped student-athletes all over the country, including North Dakota, stay eligible to compete in the high school sports that they love. We understand the sometimes-complicated NDHSAA eligibility and school disciplinary requirements and can help protect your student-athlete's rights. The four years of high school pass by quickly, and it's important to do everything you can to make sure your student-athlete remains eligible to compete during every one of those years.
Contact us with your questions at 888.535.3686, or use our contact form to set up a consultation. We understand how important this is to you and your student-athlete, and we're here to listen and to help!
