2.3.3.1 A student,
the student's family, and the student's Receiving School are not required to
submit a waiver request and establish the conditions for granting a waiver set
forth in 14 DE Admin. Code 1020, including hardship, and the period of
ineligibility shall not apply if the student meets one of the following
exceptions and the student's Transfer was not for athletic advantage as
provided in subsection 2.3.5 of this regulation:
2.3.3.1.1 McKinney-Vento Act (Homeless
Students) - The period of ineligibility shall not apply if the Transfer is the
result of the student becoming homeless as defined in the McKinney-Vento
Education for Homeless Children and Youths Act,
42 U.S.C. §
11434a(2).
2.3.3.1.2 Transfer Because of Administrative
Assignment - The period of ineligibility shall not apply if the Transfer is
within a school district and is approved by the district's Superintendent
pursuant to established school board policy or administrative procedure. This
subsection shall not apply if the student is enrolled in a traditional public,
vocational, or charter school through the School District Enrollment Choice
Program and transfers to the student's feeder pattern school within the
district unless the student satisfies the conditions stipulated in subsections
2.3.3.1.9.1 through 2.3.3.1.9.4. For the purpose of this subsection, a
student's feeder pattern consists of the public schools in which the student
would normally be enrolled based on the student's place of residence. This
subsection shall also not apply if the student is enrolled in a traditional
public, vocational, or charter school through the School District Enrollment
Choice Program and transfers to a different traditional public, vocational, or
charter school within the district through the program.
2.3.3.1.3 No previous interscholastic
athletic participation - A student who has not previously participated in
interscholastic athletics, is released by a proper school authority from a
Sending School, has completed the registration process at the Receiving School,
and is pursuing an approved course of study shall be eligible immediately upon
registration provided the student meets all other DIAA eligibility
requirements.
2.3.3.1.4 Transfer
Due to Court Action - A student may transfer without loss of athletic
eligibility if the Transfer is caused by court action, court action being an
order from a court of law affecting legally committed students. In the case of
a transfer of guardianship or custody, the Transfer shall be the result of a
court order signed by a judge, commissioner, or master of a court of competent
jurisdiction. A petition for the transfer of guardianship or custody, an
affidavit (except as permitted by subsection 2.3.3.1.5 of this regulation), or
a notarized statement signed by the affected parties shall not be sufficient to
render the student eligible to participate in interscholastic athletics.
2.3.3.1.4.1 Sole, Joint, or Shared Custody -
In cases of sole, joint, or shared custody once a primary residence is
established, a change in the student's primary residence without court action
renders the student ineligible unless one of the other exceptions in subsection
2.3.3 of this regulation applies.
2.3.3.1.4.2 DSCYF Custody - For the purposes
of eligibility, a student placed within DSCYF custody is eligible to
participate in interscholastic athletics immediately at the school the student
attends.
2.3.3.1.5
Transfer Based Upon Relative Caregivers School Authorization - A student may
Transfer without loss of athletic eligibility if the transfer is based upon the
submission of a Caregivers School Authorization in accordance with 14 Del.C.
§
202(f).
An exception would be a student whose caregiver does not
provide the documentation required by the Relative Caregivers School
Authorization (including proof of relationship and proof of full time care) but
is permitted to register on the basis of a petition for the transfer of
guardianship. A student who registers on the basis of a petition for the
transfer of guardianship is not eligible to scrimmage or compete until the
caregiver has provided a custody or guardianship petition to the receiving
school in accordance with 14 Del.C. §
202(f)(1).
2.3.3.1.6 Transfer Due to Change
of Residence - The Transfer is the result of a change in residence by the
custodial parents, legal guardians, or Relative Caregiver to the Attendance
Zone of a public school that student was not attending. If, as a result of the
change of residence, the student could now enroll in a different public school,
the student may make a one-time election and select any school including a
private school. A change in residence has occurred when all occupancy of the
previous residence has ended and a new legal residence has been established.
Maintaining dual residency for purposes of athletic eligibility shall render
the student ineligible.
2.3.3.1.7
Transfer under Unsafe School Choice Policy - A student may transfer without
loss of athletic eligibility if the student attends a persistently dangerous
school or is the victim of a violent felony while in or on the grounds of a
school in which the student is enrolled and the student opts to transfer to a
safe school in the same school district in accordance with 14 DE Admin. Code
608 Unsafe School Choice Option Policy.
2.3.3.1.8 Transfers with Fewer Than 90 Days
Left in Academic Year - If a student transfers with fewer than ninety (90)
school days left in the academic year, the student shall be ineligible for the
remainder of the school year but shall be eligible beginning with the
subsequent fall sports season provided the student is in compliance with all
other eligibility requirements.
2.3.3.1.9 Transfers after the Close of an
Academic Year and Prior to the Start of a New Academic Year - The period of
ineligibility shall not apply if the Transfer is after the close of the Sending
School's academic year and prior to the first official student day of the
Receiving School's academic year provided:
2.3.3.1.9.1 The student has completed the
registration process at the Receiving School prior to the first official
student day of the academic year. The first official student day shall be
defined as the first day on which students in any grade in that school are
required to be in attendance.
2.3.3.1.9.2 The student has not attended
class, excluding summer school, or participated in a scrimmage or contest at
the Sending School since the close of the previous academic year.
2.3.3.1.9.3 The student's legal residence is
located in the Attendance Zone of the Receiving School.
2.3.3.1.9.4 All other DIAA eligibility
requirements have been met.