As a parent or guardian of a student-athlete in South Carolina, you have every right to be impressed with your student-athletes accomplishments. Not only do they attend classes in pursuit of their high school diploma, they also spend substantial amounts of time getting and staying in shape, learning and honing their athletic skills, and practicing and competing on behalf of their high school. It takes a lot of dedication to do all of that extra work, but you know that the lessons your student-athlete is learning along the way will stay with them for a lifetime.
As one of their most dedicated supporters, you've probably been very involved in both their academic and athletic pursuits for years. You've helped with homework, driven them to practices and competitions, cheered for them from the stands, and made sure they have the gear they need to play the sport (or sports) that they love.
There is still another way you can help your student-athlete, and that's by becoming familiar with the eligibility standards set by the South Carolina High School League (SCHSL), the organization that governs public high school sports in South Carolina. The SCHSL's bylaws and rules cover a wide range of issues affecting schools, coaches, officials, student-athletes, and spectators, and as a result it can be difficult to sift through all of the information to find the bylaws or rules that relate to your student-athletes particular situation.
That's why student-athlete attorney Joseph D. Lento and the Lento Law Firm Student Athlete Team have summarized some of the most important of the SCHSL's eligibility bylaws and rules below. Familiarizing yourself with these key points relating to student-athlete eligibility in South Carolina will help you make sure your student-athlete remains eligible to compete. And if you have any questions, Joseph D. Lento and the Lento Law Firm Student Athlete Team are standing by, ready to help.
Age-Limit and Semester-Limit Restrictions and Waivers
Student-athletes who are otherwise eligible to compete in high school sports in South Carolina can compete until they turn 19, and sometimes after under certain conditions. If they turn 19 before July 1 of any year, they will not be eligible to compete during the upcoming school year. If they turn 19 on or after July 1, they will be. So a student who turns 19 on June 30 is not eligible to compete at all during the next school year, but a student who turns 19 on July 2 will be.
There is no provision in the SCHSL rules or bylaws that allow the age-limit rule to be waived for any reason.
Student-athletes have four years of potential eligibility from the time they begin 9th grade; that's eight consecutive semesters of eligibility.
Under certain circumstances, where there are “special conditions” present, the Commissioner of the SCHSL may grant hardship waivers of certain eligibility requirements. Applications made to the Commissioner for a hardship waiver need to fully document the reasons for the request, and support the request with as much relevant information as possible. The requests must be filed by the school superintendent or principal, not the student-athlete or their parents.
Hardship waivers require a showing of “extraordinary circumstances” – generally something that is beyond the control of the student or the student's family that causes them to have to deal with a “severe and non-athletic burden” and that are “totally different from those that exist for the majority or even a small minority of students.” These can include medical hardships as well as financial hardships. Decisions of the Commissioner on a hardship request can be appealed to the SCHSL Executive Committee.
Student-athlete attorney Joseph D. Lento and the Lento Law Firm Student Athlete Team are experienced at helping student-athletes make thoroughly-documented hardship requests to athletic associations such as the SCHSL. Even though it's the school superintendent or principal that is required to file the hardship request, Joseph D. Lento and the Lento Law Firm Student Athlete Team can help gather the information needed to support the request and can offer to assist the school officials in the preparation of the written request to the SCHSL Commissioner. This can make it much more likely that a hardship request will be successful.
Academic Eligibility Requirements and Issues
To be eligible to compete in South Carolina, a student-athlete must be enrolled as a full-time student. In addition, to be eligible during the first semester of a school year, the student-athlete must have passed classes counting for at least five “Carnegie units” applicable towards a diploma during the previous year.
To be eligible to compete during the second semester, there are two possible standards the student-athlete must have met during the first semester. If the student athlete was eligible to compete during the first semester, they must have passed classes counting for at least four, ½ “Carnegie units” (or four typical classes) during the first semester. If they were not eligible to compete during the first semester, they must have passed classes counting for at least five, ½ “Carnegie units” (or five typical classes) during the first semester. Student-athletes attending a high school that uses a 4x4 “block schedule” must pass an equivalent number of courses.
Student-athletes can use up to two Carnegie units earned during summer school to satisfy their requirements for the previous school semester and so become eligible to participate in sports during the first semester. In addition, up to two so-called “credit recovery” courses can be used to help a student meet eligibility requirements; they must be successfully completed by the second Monday in August to help the student-athlete be eligible during the first semester of the school year, and by the second Monday in March to help the student-athlete be eligible during the second semester.
If a student-athlete is academically ineligible due to a “special condition” situation (described above in more detail), they can ask that their superintendent or principal file a hardship request on their behalf. Here too, student-athlete attorney Joseph D. Lento and the Lento Law Firm Student Athlete Team can help by gathering the documentation and other background information necessary for a successful hardship request, and by helping the school officials draft all or part of the request.
School Disciplinary Defense
Student-athletes spend far more time in school than they do in practice or competition. As a result, they are more likely to run into school disciplinary situations that can result in a loss of athletic eligibility. All schools have codes of conduct that apply to students, and procedures that they follow when accusations of misconduct are made. Consequences can range from a relatively mild verbal warning or detention, to those that may go on the student's permanent record, such as suspension or expulsion. One middle-level consequence that schools can use is to suspend a student from extracurricular activities, which of course, includes athletics.
The problem with this is that as important and as necessary as school disciplinary policies are, they are not always enforced fairly. Busy school administrators do not always have the time to investigate misconduct claims thoroughly, and may not be properly trained in how to conduct a fair and complete hearing of charges against a student. As a result, it's not unusual for decisions to be made based on faulty evidence or after a hearing that did not properly respect the student's rights.
Student-athlete attorney Joseph D. Lento and the Lento Law Firm Student Athlete Team have seen this happen over and over again to students across the country. They know that the best way to protect the student-athletes rights and to make sure the outcome of any misconduct proceeding is as fair as possible is to do much of the investigation work that the school officials don't always have the time or inclination to do. Where appropriate, the Lento Law Firm Student Athlete Team can also negotiate with the school to come to some kind of resolution that preserves the student-athletes eligibility. And if a hearing takes place, they can represent the student-athlete and will make sure that it is fairly conducted.
Discipline Defense for Behavior During Competition
Student-athletes who are ejected from competitions in South Carolina due to unsportsmanlike conduct face a range of eligibility penalties as a result. If the student-athlete is ejected due to “abusive language, flagrantly or maliciously contacting another person” or “making obscene gestures,” they will be suspended for at least the next competition – but could be suspended for up to one year, “depending on the seriousness of the violation.” If they commit any of those acts and direct them at an official or an opposing coach, they will be suspended for at least the next two competitions, and again possibly for up to one year.
In other situations, depending on the reason for the ejection, student-athletes can be suspended for anywhere from one to three competitions depending on the sport.
If a student-athlete is ejected a second time in the same sport, they will lose eligibility for at least two weeks, and if they are ejected three times during a school year, they will lose eligibility for the remainder of the school year.
Student-athletes found to have used or possessed alcohol or any “mood-altering” drug can be ejected from the competition, and their future eligibility “will be subject to review” by the SCHSL.
The SCHSL has a set of procedures that apply if an adverse decision is to be appealed. Because appeals need to be filed by a school official, it can often be very helpful to have the help of student-athlete attorney Joseph D. Lento and the Lento Law Firm Student Athlete Team if you believe there are circumstances that support one. They can work on behalf of your student-athlete to gather relevant information that can help the appeal, and can even assist busy school officials with drafting the appeal documents.
Transfer Issues Affecting Student Athletes
Student-athletes generally are eligible to participate in athletics at the “high school which serves the attendance area” where their parents or guardians live. In addition, a student-athlete is “always eligible under the residence rule at the last school where eligibility was established.” This means that even if a student-athletes family moves to a new attendance area, the student can continue to attend and compete for their original high school.
Students who transfer schools because their family has moved to a new attendance area will, in most cases, be immediately eligible to compete for the new school, provided the student transfers schools at the beginning of the school year; otherwise, the student-athlete will be ineligible for one calendar year.
Student-athletes who transfer from a high school that is not a member of the SCHSL to a school that is a member will be eligible to compete at the new school, but not in any sport where the student-athlete was competing at the old school during the current school year. For example, if the student-athlete was on the non-member school's football team and transfers to a SCHSL school mid-season, they won't be eligible to finish the season as a member of the football team at the new school. (This does not apply to students who transfer from an out-of-state school as a result of their parents or guardians moving to South Carolina.)
A student-athlete who transfers from one high school in a school district to another high school in that same district may be immediately eligible to compete at the new school, if the superintendents and principals of both schools approve the transfer. Here too, student-athletes who were competing at their old school and transfer midseason won't be allowed to finish the season competing for the new school.
There are a number of other transfer-related bylaws enforced by the SCHSL. It's a complex area of the bylaws, and as a result, if your family is considering moving to a new school attendance area, or your student-athlete is considering changing schools, you should contact student-athlete attorney Joseph D. Lento and the Lento Law Firm Student Athlete Team for help. They can review your situation and give you important guidance about what effect they may have on your student-athletes ability to compete at another school.
Joseph D. Lento Can Help Keep Your Student-Athlete Competing
If your student-athlete is facing a situation – whether as a result of academics, discipline, or a transfer – where their eligibility to compete in sports is at risk, contact student-athlete attorney Joseph D. Lento and the Lento Law Firm Student Athlete Team today. They have years of experience helping student-athletes all over the country with eligibility and disciplinary issues, and can help you understand your particular situation and how it can be resolved in the best way possible for your student-athlete.
You probably understand how quickly four years of high school can fly by; don't let your student-athlete lose a minute more of their eligibility than they have to during this very special time in their lives. Call Joseph D. Lento today at 888.535.3686, or reach out to the Lento Law Firm Student Athlete Team through their online contact form to learn more about how they can help.
