Delaware Administrative Code
Title 14 - Education
1000 - Student Activities
1029 - Student Athlete Eligibility: Transfers
Section 1029-5.0 - Exceptions
Universal Citation: 14 DE Admin Code 1029-5.0
Current through Register Vol. 28, No. 3, September 1, 2024
5.1 Immediate eligibility, without serving the defined period of ineligibility will be granted for transfers resulting from the following:
5.1.1 McKinney-Vento Act (Homeless Students).
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).
5.1.2 Transfer Due to Court Action. The
transfer is caused by 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, or a notarized statement signed by the
affected parties shall not be sufficient to render the student eligible to
participate in interscholastic athletics.
5.1.3 Relative Caregivers School
Authorization. The transfer is based upon the submission of a Caregivers School
Authorization in accordance with 14 Del.C. §
202(f).
5.1.4 Unsafe School Choice Policy. 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.
5.1.5 HIB
Transfer.
5.1.6 Transfer Because
Sending School Closed or Dropped Sport/Athletic Program. A sending school drops
its athletic program when it discontinues all of its interscholastic athletics
sports programs. For this exception to apply, adequate documentation must be
submitted to the receiving school and sent to the DIAA Executive Director for
approval.
5.1.7 Military
Assignment. A student transferring in a situation where change in education and
living arrangements is directly related to an order from any branch of the
United States military service, including the reserve components.
5.1.8 Bona Fide Change of Residence. A change
of residence occurs when an out-of-state student changes residence and attends
high school for the first time in Delaware or a Delaware student moves and is
required to transfer to a new school as verified by the receiving school. A
student shall not participate in interscholastic athletics following a change
in primary residence unless it is made for a bona fide purpose. A bona fide
purpose means that the change in primary residence is not for athletic purposes
and meets all of the following criteria:
5.1.8.1 The receiving school verifies and
accepts the student.
5.1.8.2 The
family move is a permanent change in the family's legal residence. The legal
residence is that place in which the family's habitation is fixed and in which
the student's custodial parent or legal guardian has the present intention to
reside permanently.
5.1.8.3 The
original residence must be abandoned by the student's family as a residence;
that is sold, rented or disposed of as a residence, and must not be used as
residence by any member of the family. Maintaining dual residency for the
purpose of athletic eligibility will render the student ineligible.
5.1.8.4 The family move is to a new school
district or school zone. A move within the current district where a student
does not have to change schools will not be considered a bona fide change of
residence.
5.1.8.5 Proof of a bona
fide residence change includes utility bills, closing documents, voter
registration, or other legal documentation. A driver's license alone will not
serve as proof of bona fide residence change.
Disclaimer: These regulations may not be the most recent version. Delaware may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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