Monday for the teams with week 0 games? Looks like 7 games for week zero (9/3 and 9/4). Seems like a longer offseason than normal but its finally over
Practice Begins
- Thread starter First_state_gridiron
- Start date
I think everyone is starting on Monday regardless if you have a week 0 or week 1 game. It has seemed forever, I know my son is chomping at the bit to play since his season was canceled last fall.
Week 0 teams start tomorrow
Week 1 games start 8/16
From the official school sports pages:
I think the waivers are based off of Week 0 games only.
Mon 8/16/2021 - First Practice Date for Fall High School Sports
(Fri 8/6/2021 - *3A schools with waiver)
(Mon 8/9/2021 - *1A/2A schools with waiver)
I think the waivers are based off of Week 0 games only.
Not true:
Wed 9/8/2021 - First Competition Date for Football
(Wed 9/1/2021 - *1A/2A/3A schools with waiver)
Edit: I think I misunderstood what you were saying Dback. 3A Teams with a week 0 game can start practice today (8/6/21). 1A and 2A teams with a week 0 game can start practice Monday (8/9/21). All other teams start practice Monday 8/16/21.
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First week of practice is in the books and some scrimmages lined up for next weekend. Only a week away from some real football.
imagine some of the practices were paused due to the high heat index - but game day is approaching!!
Did the DIAA disallow some players an opportunity to play because they transferred as Seniors? I heard Dominic Sama who transferred from DMA to the Big S, as well as Alex Brown who transferred from Conrad to his district school, Dickinson (?), was denied. What's up with this?
I did hear that a couple of schools practiced at 6am to beat the heat of the day.
I've never understood the rules of transferring because it has always seemed like a pick and choose type of thing. I heard when CJ Coombs transferred to DMA he had a big sit down with DIAA and had to answer a bunch of questions and then he had to wait another 2 weeks to find out if he would be allowed to play.
Should have brought a lawyer to the waiver hearing. Guarantee approval. If a kid is legally enrolled in a school and is in good academic standing to participate in after school activities then the association legally can't say they can't play unless they can prove the move was made for athletic advantage or illegal recruiting occurred. This has been tried by a few states supreme courts and has gone in the kids favor every time, Most notably in Florida
Shouldn’t the burden be on DIAA to prove that there was tampering or it was done for athletic reasons?
There has to be some type of form asking why the student left the school.
What benefit would the student have going to Sallies for one year? I am assuming they are paying tuition.
There has to be some type of form asking why the student left the school.
What benefit would the student have going to Sallies for one year? I am assuming they are paying tuition.
Those are all presented at the waiver hearing. You file a waiver hearing request and then present your case to the board and then they vote to approve the waiver or not. If you transfer as a Senior you are automatically not eligible so you must request a waiver hearing in which you provide evidence you meet one of the exceptions. There are instances where you don't need a hearing like if you physically moved to a new address in a different school zone among some others.
Lately (the last few years) waiver were hardly denied but I guess with all the complaints they have been getting about recruiting and illegal transfers the last couple years maybe they are looking harder and being more stringent in granting waivers. I don't know.
This is what it looks like in the meeting minute. Year ago they used to put much more information about the cases in now a days not so much
C. Request to Waive Regulation 1009 2.4 by Delaware Military Academy – 2021.5.2*
Dorrell Green and Jeremy Jeanne recused themselves from this matter.
Dr. Bradley Layfield made a motion to move into executive session, the motion was seconded by Dr. Amelia Hodges. The motion carried with [14-Yes Dr. Bradley Layfield, Dr. Bradley Bley, Mike Breeding, Robert Cilento, Dr. Matt Donovan, Vetra Evans-Gunther, Mike Hart, Dr. Amelia Hodges, Ted Laws, Chuck Little, Doug Thompson, Stan Waterman, Robert Watson, Bruce Harris and 0-No].
This is the 1009 2.4 regulation the waiver request was asking for and exception to
2.4 Eligibility, Transfers
2.4 Eligibility, Transfers
2.4.1 Purpose
The intent of the High School Transfer Rule is to deter students from transferring schools for athletic purposes, to help discourage recruitment, and to reduce the opportunity for undue influence to be exerted by persons who seek to benefit from a student's athletic talent. DIAA recognizes that, because of the number of transfers that occur each year, it is difficult to carry out that intent if an individualized determination is required for all students who transfer schools. The exceptions in subsection 2.4.4 of this regulation involve circumstances in which establishing a hardship for eligibility purposes is not required; strict enforcement of the rule will not serve to accomplish the purpose of the rule; the spirit of the rule will not be offended or compromised; the principle of educational balance over athletics will not be offended or compromised; and there is no safety risk to teammates or competitors.
2.4.3 High School Transfer Rule
2.4.3.1 Unless one of the exceptions found in subsection 2.4.4 of this regulation applies, a student who has previously participated in interscholastic athletics that transfers to a DIAA Member School shall be ineligible in all sports that the student previously participated in during the preceding 180 school days. The period of ineligibility shall be one school year commencing with the first day of official attendance in the receiving school. The period of ineligibility shall continue to the next grade/school year, if necessary, until the total number of school days in the school year has passed.
Exceptions most don't need a waiver hearing
2.4.4 Exceptions to the High School Transfer Rule
2.4.4.1 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 subsection 9.1.1 of 14 DE Admin. Code 1006, 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 2.4.6 of this regulation:
2.4.4.1.1 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).
2.4.4.1.2 Transfer Because of Promotion or Administrative Assignment - Transfer because of promotion or administrative assignment to the ninth grade from a school whose terminal point is the eighth grade, or to the tenth grade from a junior high school whose terminal point is the ninth grade, shall not constitute a transfer. Students so promoted or administratively assigned shall be eligible.
2.4.4.1.3 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.
2.4.4.1.4 Previous interscholastic athletic participation - A student who has previously participated in interscholastic athletics may transfer one time during their first or second year of eligibility at the high school level without loss of athletic eligibility provided that the student meets all other eligibility requirements, including subsection 2.4.7 of this regulation.
2.4.4.1.4.1 Students shall not participate in a contest at the varsity level for two different schools in the same sport during the same school year unless one of the other exceptions in subsection 2.4.4 of this regulation applies.
2.4.4.1.4.2 A student who has previously participated in interscholastic athletics and transfers more than one time during their first or second year of eligibility at the high school level, shall be ineligible in any sport for a period of 90 school days commencing with the first day of official attendance in the receiving school unless one of the other exceptions in subsection 2.4.4 of this regulation applies. The period of ineligibility shall continue to the next grade/school year until 90 school days have passed.
2.4.4.1.5 No Participation in a Sport within the Preceding 180 School Days - A student who previously participated in interscholastic athletics but did not participate in a sport within the preceding 180 school days and was eligible by both DIAA and local school rules to do so during the previous school year shall be eligible to participate in that sport at the receiving school.
2.4.4.1.6 Transfer to School of Residence - A student may transfer to their school of residence, which is based on the legal address of the student's custodial parents or court-appointed legal guardians, one time without loss of athletic eligibility. For this exception to apply, the transfer must be the student's first transfer during their years of high school interscholastic athletic eligibility.
2.4.4.1.7 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 2.4.4.3.2.1 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.
2.4.4.1.7.1 Sole, Joint, or Shared Custody - In cases of sole, joint, or shared custody once a primary residence is established, a change in a student's primary residence without court action renders the student ineligible unless one of the other exceptions in subsection 2.4.4 of this regulation applies.
2.4.4.1.7.2 DSCYF Custody - For purposes of eligibility, a student placed within DSCYF custody is eligible to participate in interscholastic athletics immediately at the school the student attends.
2.4.4.1.8 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).
2.4.4.1.8.1 An exception would be a student whose caregiver does not provide the documentation required by the Relative Caregiver 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).
2.4.4.1.9 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.
2.4.4.1.10 Transfer Due to Seat Opening in Receiving School - A student may transfer without loss of athletic eligibility if the transfer is a result of a seat opening in the receiving school, and the student had previously applied to the school and had been rejected due to a lack of capacity. For this exception to apply, the receiving school must have appropriate documentation including: a student application from a previous school year; a letter in response to the application notifying the student that they were not accepted; and a letter dated after the start of the school year offering the student a seat in the receiving school.
2.4.4.1.11 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.
2.4.4.1.12 Transfer Because Sending School Closed or Dropped Sport/Athletic Program - A student may transfer without loss of athletic eligibility if the transfer is a result of any of the following:
2.4.4.1.12.1 The closure of the sending school;
2.4.4.1.12.2 The sending school discontinuing a single sport at the varsity level. In order for this exception to apply when a school discontinues a single sport at the varsity level, the student must have previously participated in that sport.
2.4.4.1.12.3 The sending school dropping their entire athletic program. Dropping their athletic program is defined as the school discontinuing all of their 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 as sufficient.
2.4.5 Transfer Because of a Financial Hardship: If a waiver of the High School Transfer Rule is requested due to a financial hardship, the parents, legal guardians, or Relative Caregiver is responsible for providing documentation to the DIAA Board of Directors to support the request.
2.4.5.1 Documentation for Financial Hardship: Documentation for financial hardship shall include:
2.4.5.1.1 Proof of extreme financial hardship caused by significant and unexpected reduction in income or increase in expenses; and
2.4.5.1.2 A statement from the principals or headmasters of both the sending and receiving schools that the student is not transferring for athletic advantage as the term is used in subsection 2.4.6 of this regulation.
2.4.3.1 Unless one of the exceptions found in subsection 2.4.4 of this regulation applies, a student who has previously participated in interscholastic athletics that transfers to a DIAA Member School shall be ineligible in all sports that the student previously participated in during the preceding 180 school days. The period of ineligibility shall be one school year commencing with the first day of official attendance in the receiving school. The period of ineligibility shall continue to the next grade/school year, if necessary, until the total number of school days in the school year has passed.
Exceptions most don't need a waiver hearing
2.4.4 Exceptions to the High School Transfer Rule
2.4.4.1 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 subsection 9.1.1 of 14 DE Admin. Code 1006, 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 2.4.6 of this regulation:
2.4.4.1.1 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).
2.4.4.1.2 Transfer Because of Promotion or Administrative Assignment - Transfer because of promotion or administrative assignment to the ninth grade from a school whose terminal point is the eighth grade, or to the tenth grade from a junior high school whose terminal point is the ninth grade, shall not constitute a transfer. Students so promoted or administratively assigned shall be eligible.
2.4.4.1.3 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.
2.4.4.1.4 Previous interscholastic athletic participation - A student who has previously participated in interscholastic athletics may transfer one time during their first or second year of eligibility at the high school level without loss of athletic eligibility provided that the student meets all other eligibility requirements, including subsection 2.4.7 of this regulation.
2.4.4.1.4.1 Students shall not participate in a contest at the varsity level for two different schools in the same sport during the same school year unless one of the other exceptions in subsection 2.4.4 of this regulation applies.
2.4.4.1.4.2 A student who has previously participated in interscholastic athletics and transfers more than one time during their first or second year of eligibility at the high school level, shall be ineligible in any sport for a period of 90 school days commencing with the first day of official attendance in the receiving school unless one of the other exceptions in subsection 2.4.4 of this regulation applies. The period of ineligibility shall continue to the next grade/school year until 90 school days have passed.
2.4.4.1.5 No Participation in a Sport within the Preceding 180 School Days - A student who previously participated in interscholastic athletics but did not participate in a sport within the preceding 180 school days and was eligible by both DIAA and local school rules to do so during the previous school year shall be eligible to participate in that sport at the receiving school.
2.4.4.1.6 Transfer to School of Residence - A student may transfer to their school of residence, which is based on the legal address of the student's custodial parents or court-appointed legal guardians, one time without loss of athletic eligibility. For this exception to apply, the transfer must be the student's first transfer during their years of high school interscholastic athletic eligibility.
2.4.4.1.7 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 2.4.4.3.2.1 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.
2.4.4.1.7.1 Sole, Joint, or Shared Custody - In cases of sole, joint, or shared custody once a primary residence is established, a change in a student's primary residence without court action renders the student ineligible unless one of the other exceptions in subsection 2.4.4 of this regulation applies.
2.4.4.1.7.2 DSCYF Custody - For purposes of eligibility, a student placed within DSCYF custody is eligible to participate in interscholastic athletics immediately at the school the student attends.
2.4.4.1.8 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).
2.4.4.1.8.1 An exception would be a student whose caregiver does not provide the documentation required by the Relative Caregiver 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).
2.4.4.1.9 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.
2.4.4.1.10 Transfer Due to Seat Opening in Receiving School - A student may transfer without loss of athletic eligibility if the transfer is a result of a seat opening in the receiving school, and the student had previously applied to the school and had been rejected due to a lack of capacity. For this exception to apply, the receiving school must have appropriate documentation including: a student application from a previous school year; a letter in response to the application notifying the student that they were not accepted; and a letter dated after the start of the school year offering the student a seat in the receiving school.
2.4.4.1.11 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.
2.4.4.1.12 Transfer Because Sending School Closed or Dropped Sport/Athletic Program - A student may transfer without loss of athletic eligibility if the transfer is a result of any of the following:
2.4.4.1.12.1 The closure of the sending school;
2.4.4.1.12.2 The sending school discontinuing a single sport at the varsity level. In order for this exception to apply when a school discontinues a single sport at the varsity level, the student must have previously participated in that sport.
2.4.4.1.12.3 The sending school dropping their entire athletic program. Dropping their athletic program is defined as the school discontinuing all of their 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 as sufficient.
2.4.5 Transfer Because of a Financial Hardship: If a waiver of the High School Transfer Rule is requested due to a financial hardship, the parents, legal guardians, or Relative Caregiver is responsible for providing documentation to the DIAA Board of Directors to support the request.
2.4.5.1 Documentation for Financial Hardship: Documentation for financial hardship shall include:
2.4.5.1.1 Proof of extreme financial hardship caused by significant and unexpected reduction in income or increase in expenses; and
2.4.5.1.2 A statement from the principals or headmasters of both the sending and receiving schools that the student is not transferring for athletic advantage as the term is used in subsection 2.4.6 of this regulation.
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Here is the part about athletic advantage
2.4.6 Transfers for Athletic Advantage - The exceptions listed in subsection 2.4.4 of this regulation shall not apply if the transfer was for athletic advantage. If the student transfers for athletic advantage, the student may still request a waiver of the transfer rule. A transfer for athletic advantage includes but is not limited to any transfer where the primary reason for student's transfer was for any of the following:
2.4.6.1 To seek a superior team.
2.4.6.2 To seek a team more compatible with student’s abilities;
2.4.6.3 Dissatisfaction with the student’s position or playing time;
2.4.6.4 The student follows the coach to another school to which the coach has transferred;
2.4.6.5 Dissatisfaction with the philosophy, policies, methods, or actions of a coach or administrator pertaining to interscholastic athletics;
2.4.6.6 To avoid disciplinary action imposed by another state athletic association;
2.4.6.7 To avoid disciplinary action imposed by the sending school related to or affecting interscholastic athletic participation.
2.4.7 Transfers under the School District Enrollment Choice Program (14 Del.C. Ch. 4)
2.4.7.1 Pursuant to 14 Del.C. §410(a), if a student was enrolled in a traditional public, vocational, or charter school outside of the student's feeder pattern through the School District Enrollment Choice Program during the preceding school year and the student transfers to and enrolls in grades 10, 11, or 12 at a different traditional public, vocational, or charter school outside of the student's feeder pattern through the program, the student shall be ineligible to participate in interscholastic athletic contests or competitions during the student's first year of enrollment at the receiving school.
2.4.7.1.1 For the purpose of subsection 2.4.7.1, 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.
2.4.7.2 If a student is ineligible under subsection 2.4.7.1, a student, the student's family, and the student's receiving school may submit a waiver request. A waiver may be granted if the student, the student's family, and the student's receiving school establish the conditions for granting a waiver set forth in subsection 9.1.1 of 14 DE Admin. Code 1006, including hardship, and the student's transfer was not for athletic advantage as provided in subsection 2.4.6 of this regulation.
2.4.7.3 A waiver request is not required and the period of ineligibility under subsection 2.4.7.1 shall not apply if:
2.4.7.3.1 One of the exceptions to the High School Transfer Rule as provided in subsection 2.4.4 applies; or
2.4.7.3.2 The student wishes to participate in an interscholastic sport that was not offered at the sending school; or
2.4.7.3.3 The receiving school is a charter school in its first year of operation; or
2.4.7.3.4 The receiving school is a charter school in its first year of serving grades 10, 11, or 12.
2.4.6 Transfers for Athletic Advantage - The exceptions listed in subsection 2.4.4 of this regulation shall not apply if the transfer was for athletic advantage. If the student transfers for athletic advantage, the student may still request a waiver of the transfer rule. A transfer for athletic advantage includes but is not limited to any transfer where the primary reason for student's transfer was for any of the following:
2.4.6.1 To seek a superior team.
2.4.6.2 To seek a team more compatible with student’s abilities;
2.4.6.3 Dissatisfaction with the student’s position or playing time;
2.4.6.4 The student follows the coach to another school to which the coach has transferred;
2.4.6.5 Dissatisfaction with the philosophy, policies, methods, or actions of a coach or administrator pertaining to interscholastic athletics;
2.4.6.6 To avoid disciplinary action imposed by another state athletic association;
2.4.6.7 To avoid disciplinary action imposed by the sending school related to or affecting interscholastic athletic participation.
2.4.7 Transfers under the School District Enrollment Choice Program (14 Del.C. Ch. 4)
2.4.7.1 Pursuant to 14 Del.C. §410(a), if a student was enrolled in a traditional public, vocational, or charter school outside of the student's feeder pattern through the School District Enrollment Choice Program during the preceding school year and the student transfers to and enrolls in grades 10, 11, or 12 at a different traditional public, vocational, or charter school outside of the student's feeder pattern through the program, the student shall be ineligible to participate in interscholastic athletic contests or competitions during the student's first year of enrollment at the receiving school.
2.4.7.1.1 For the purpose of subsection 2.4.7.1, 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.
2.4.7.2 If a student is ineligible under subsection 2.4.7.1, a student, the student's family, and the student's receiving school may submit a waiver request. A waiver may be granted if the student, the student's family, and the student's receiving school establish the conditions for granting a waiver set forth in subsection 9.1.1 of 14 DE Admin. Code 1006, including hardship, and the student's transfer was not for athletic advantage as provided in subsection 2.4.6 of this regulation.
2.4.7.3 A waiver request is not required and the period of ineligibility under subsection 2.4.7.1 shall not apply if:
2.4.7.3.1 One of the exceptions to the High School Transfer Rule as provided in subsection 2.4.4 applies; or
2.4.7.3.2 The student wishes to participate in an interscholastic sport that was not offered at the sending school; or
2.4.7.3.3 The receiving school is a charter school in its first year of operation; or
2.4.7.3.4 The receiving school is a charter school in its first year of serving grades 10, 11, or 12.
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These are the waiver requirements
9.0 Waiver of DIAA Rules and Regulation
9.1 General
9.1.1 The DIAA Board has the authority to set aside the effect of any athletic rule or regulation, subject to any limitations set forth in the specific rule or regulation, when the affected party establishes by the preponderance of the evidence, all of the following conditions:
9.1.1.1 In the case of eligibility waiver requests, there exists a hard ship as defined by
9.2.1; 9.1.1.2 Strict enforcement of the rule in the particular case will not serve to accomplish the purpose of the Rule;
9.1.1.3 The spirit of the rule being waived will not be offended or compromised;
9.1.1.4 The principle of educational balance over athletics will not be offended or compromised; and
9.1.1.5 The waiver will not result in a safety risk to teammates or competitors.
9.1.2 Waivers are exceptional and extraordinary relief from the athletic rules and regulations. Ignorance of any rule alone, whether by the student athlete, his/her family or school, shall not be sufficient reason for waiving a rule. The burden of proof rests on the applicant (the student, his/her parents or guardians, principal, headmaster or other affected party) to show extenuating circumstances warranting waiver.
9.1.3 The waiver request shall contain all facts pertaining to the case, including sufficient data to make it possible to reach a decision without further investigation. It is not the duty of the Executive Director or the DIAA Board to produce or collect information.
9.1.4 Waiver requests would be filed promptly when it becomes apparent to the student, principal, headmaster or other affected party, that a waiver will be required. In any event, all requests for a waiver of the rules, with all documentation complete, must be received by the Executive Director at least 21 calendar days before the next regularly scheduled meeting of the DIAA Board in order to be placed on the agenda for that meeting.
9.1.4.1 Notwithstanding this requirement, the Chairperson of the DIAA Board may at his/her discretion add a waiver request to an agenda in an emergency situation. Failure to file a waiver request in a timely manner when all information is available shall not be considered an emergency situation.
9.1.5 The applicant is entitled to a hearing on his/her waiver request. Waiver hearings shall be conducted in an informal manner that affords all parties the opportunity to present all information and all relevant arguments.
9.1.5.1 The DIAA Board may administer oaths, take testimony, hear proofs and receive exhibits into evidence at any hearing. Testimony at any hearing shall be under oath or affirmation.
9.1.5.2 Any party to a proceeding before the DIAA Board may be represented by counsel. An attorney representing a party in a proceeding before the Board shall notify the Executive Director of the representation in writing as soon as practicable.
9.1.5.3 Strict rules of evidence do not apply. Evidence having probative value commonly accepted by reasonably prudent people in the conduct of their affairs may be admitted into evidence.
9.1.5.4 Any document introduced into evidence at the hearing shall be marked by the Board and shall be a part of the record of the hearing. The party offering the document into evidence shall provide a copy of the
9.0 Waiver of DIAA Rules and Regulation
9.1 General
9.1.1 The DIAA Board has the authority to set aside the effect of any athletic rule or regulation, subject to any limitations set forth in the specific rule or regulation, when the affected party establishes by the preponderance of the evidence, all of the following conditions:
9.1.1.1 In the case of eligibility waiver requests, there exists a hard ship as defined by
9.2.1; 9.1.1.2 Strict enforcement of the rule in the particular case will not serve to accomplish the purpose of the Rule;
9.1.1.3 The spirit of the rule being waived will not be offended or compromised;
9.1.1.4 The principle of educational balance over athletics will not be offended or compromised; and
9.1.1.5 The waiver will not result in a safety risk to teammates or competitors.
9.1.2 Waivers are exceptional and extraordinary relief from the athletic rules and regulations. Ignorance of any rule alone, whether by the student athlete, his/her family or school, shall not be sufficient reason for waiving a rule. The burden of proof rests on the applicant (the student, his/her parents or guardians, principal, headmaster or other affected party) to show extenuating circumstances warranting waiver.
9.1.3 The waiver request shall contain all facts pertaining to the case, including sufficient data to make it possible to reach a decision without further investigation. It is not the duty of the Executive Director or the DIAA Board to produce or collect information.
9.1.4 Waiver requests would be filed promptly when it becomes apparent to the student, principal, headmaster or other affected party, that a waiver will be required. In any event, all requests for a waiver of the rules, with all documentation complete, must be received by the Executive Director at least 21 calendar days before the next regularly scheduled meeting of the DIAA Board in order to be placed on the agenda for that meeting.
9.1.4.1 Notwithstanding this requirement, the Chairperson of the DIAA Board may at his/her discretion add a waiver request to an agenda in an emergency situation. Failure to file a waiver request in a timely manner when all information is available shall not be considered an emergency situation.
9.1.5 The applicant is entitled to a hearing on his/her waiver request. Waiver hearings shall be conducted in an informal manner that affords all parties the opportunity to present all information and all relevant arguments.
9.1.5.1 The DIAA Board may administer oaths, take testimony, hear proofs and receive exhibits into evidence at any hearing. Testimony at any hearing shall be under oath or affirmation.
9.1.5.2 Any party to a proceeding before the DIAA Board may be represented by counsel. An attorney representing a party in a proceeding before the Board shall notify the Executive Director of the representation in writing as soon as practicable.
9.1.5.3 Strict rules of evidence do not apply. Evidence having probative value commonly accepted by reasonably prudent people in the conduct of their affairs may be admitted into evidence.
9.1.5.4 Any document introduced into evidence at the hearing shall be marked by the Board and shall be a part of the record of the hearing. The party offering the document into evidence shall provide a copy of the
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document to each of the other parties, if any, and to each of the Board members present for the hearing unless otherwise directed.
9.1.5.5 Any request by the DIAA Board for additional information pertaining to a waiver request shall be promptly supplied by the affected students, coaches, and member schools.
9.1.5.6 DIAA shall provide a stenographic reporter at a hearing at its own expense.
9.1.6 The DIAA Board shall consider the entire record of the case in reaching its final decision. Unless otherwise provided, a decision made on a waiver request shall be effective immediately.
9.1.7 The DIAA Board’s decision shall be incorporated into a final order, which shall be signed and mailed to the parties within twenty (20) days of the hearing. 9.2 Eligibility Rule Waiver Request
9.2.1 Unless specifically defined in the eligibility rule in question, “hardship” means a hardship peculiar to the student athlete caused by unforeseen events beyond the election, control or creation of the student athlete, his/ her family, or school, which deprive him or her of all or part of one of his or her opportunities to participate in a particular sports season. Ignorance of any rule alone, whether by the student athlete, his/her family or school, shall not be sufficient reason for waiving a rule. The waiver provision is intended to restore eligibility that has been lost as a result of a hardship situation. Injury, illness or accidents, which cause a student to fail to meet the basic requirements, are possible causes for a hardship consideration.
9.2.2 All eligibility hardship waiver requests shall be processed on forms approved by the DIAA Board and in accordance with the following procedures:
9.2.2.1 A request for a waiver of the eligibility rules must be directed by the student to the involved member school’s principal, headmaster or their designee who shall then file a written request stating the full particulars of the case and the reasons felt by the student or the administrator, or both, for granting the waiver.
9.2.2.1.1 All requests for eligibility rule waivers must be signed by the Principal or Headmaster of the school requesting the waiver and must include a letter from the Principle or Headmaster indicating whether the school supports the waiver request.
9.2.2.1.2 The school shall submit a waiver request form when requested by individual student athletes. The DIAA Board, however, may take into consideration the school’s position on the waiver request when rendering its decision.
9.2.2.2 To aid the DIAA Board in making an informed decision, the waiver request shall include the student’s: 9.2.2.2.1 Official transcripts from the sixth grade through the current school year and semester grades for the current school year;
9.2.2.2.2 Attendance records for the last two (2) years;
9.2.2.2.3 A letter from the Principal or Headmaster either supporting or not supporting the waiver request;
9.2.2.2.4 Medical records (if applicable);
9.2.2.2.5 Legal documentation (if applicable);
9.2.2.2.6 IEP’s (if applicable); and
9.2.2.2.7 Any documentation/evidence to substantiate a hardship or extenuating circumstance exits.
9.2.3 An appearance by the student and his or her parent, guardian or Relative Caregiver before the DIAA Board is mandatory on requests for an eligibility waiver. An appearance by a school representative is strongly encouraged.
document to each of the other parties, if any, and to each of the Board members present for the hearing unless otherwise directed.
9.1.5.5 Any request by the DIAA Board for additional information pertaining to a waiver request shall be promptly supplied by the affected students, coaches, and member schools.
9.1.5.6 DIAA shall provide a stenographic reporter at a hearing at its own expense.
9.1.6 The DIAA Board shall consider the entire record of the case in reaching its final decision. Unless otherwise provided, a decision made on a waiver request shall be effective immediately.
9.1.7 The DIAA Board’s decision shall be incorporated into a final order, which shall be signed and mailed to the parties within twenty (20) days of the hearing. 9.2 Eligibility Rule Waiver Request
9.2.1 Unless specifically defined in the eligibility rule in question, “hardship” means a hardship peculiar to the student athlete caused by unforeseen events beyond the election, control or creation of the student athlete, his/ her family, or school, which deprive him or her of all or part of one of his or her opportunities to participate in a particular sports season. Ignorance of any rule alone, whether by the student athlete, his/her family or school, shall not be sufficient reason for waiving a rule. The waiver provision is intended to restore eligibility that has been lost as a result of a hardship situation. Injury, illness or accidents, which cause a student to fail to meet the basic requirements, are possible causes for a hardship consideration.
9.2.2 All eligibility hardship waiver requests shall be processed on forms approved by the DIAA Board and in accordance with the following procedures:
9.2.2.1 A request for a waiver of the eligibility rules must be directed by the student to the involved member school’s principal, headmaster or their designee who shall then file a written request stating the full particulars of the case and the reasons felt by the student or the administrator, or both, for granting the waiver.
9.2.2.1.1 All requests for eligibility rule waivers must be signed by the Principal or Headmaster of the school requesting the waiver and must include a letter from the Principle or Headmaster indicating whether the school supports the waiver request.
9.2.2.1.2 The school shall submit a waiver request form when requested by individual student athletes. The DIAA Board, however, may take into consideration the school’s position on the waiver request when rendering its decision.
9.2.2.2 To aid the DIAA Board in making an informed decision, the waiver request shall include the student’s: 9.2.2.2.1 Official transcripts from the sixth grade through the current school year and semester grades for the current school year;
9.2.2.2.2 Attendance records for the last two (2) years;
9.2.2.2.3 A letter from the Principal or Headmaster either supporting or not supporting the waiver request;
9.2.2.2.4 Medical records (if applicable);
9.2.2.2.5 Legal documentation (if applicable);
9.2.2.2.6 IEP’s (if applicable); and
9.2.2.2.7 Any documentation/evidence to substantiate a hardship or extenuating circumstance exits.
9.2.3 An appearance by the student and his or her parent, guardian or Relative Caregiver before the DIAA Board is mandatory on requests for an eligibility waiver. An appearance by a school representative is strongly encouraged.
There is also an appeal process and some decisions do get overturned on appeal. Mainly because the parent/student gets the proof together they needed the first time or brings an attorney into it lol.
I am not going to post that process but it's on the same document above.
Sorry about taking up so much space posting all this but I think it's important folks are informed on the processes particularly in preparing for the hearing.
*PARENTS DO NOT ASSUME THE SCHOOL. HEADMASTER, PRINCIPAL, AD or COACHES ARE GOING TO DO IT OR EVEN KNOW THE RULES THEMSELVES. COME PREPARED TO MAKE YOUR CASE.*
I speak from experience and had my battle with DIAA myself. In the end we won but it was dicey for a minute. The school did not help me. Well they did fax in the documents I put together for me. If interested I can tell that story.
I am not going to post that process but it's on the same document above.
Sorry about taking up so much space posting all this but I think it's important folks are informed on the processes particularly in preparing for the hearing.
*PARENTS DO NOT ASSUME THE SCHOOL. HEADMASTER, PRINCIPAL, AD or COACHES ARE GOING TO DO IT OR EVEN KNOW THE RULES THEMSELVES. COME PREPARED TO MAKE YOUR CASE.*
I speak from experience and had my battle with DIAA myself. In the end we won but it was dicey for a minute. The school did not help me. Well they did fax in the documents I put together for me. If interested I can tell that story.
Bib,
Thanks for the info as always. I read it with my morning coffee. I agree I think it is important for people to know. the process. I just don’t like the idea of members of a board deciding a hardship. Not sure how they are qualified. But that is why a lawyer is needed. If you have one, you probably win every time. Then that equity piece creeps in.
I like the post I read earlier. Let them transfer but not play in the postseason.
Please tell your experience. I am sure it will be helpful to many
Thanks for the info as always. I read it with my morning coffee. I agree I think it is important for people to know. the process. I just don’t like the idea of members of a board deciding a hardship. Not sure how they are qualified. But that is why a lawyer is needed. If you have one, you probably win every time. Then that equity piece creeps in.
I like the post I read earlier. Let them transfer but not play in the postseason.
Please tell your experience. I am sure it will be helpful to many
Until the people doing the recruiting are punished, recruiting is never going to stop. You can't really punish the kids (as BiB said, just bring a lawyer), and DIAA does not show any interest in punishing any school employees, so there aren't any consequences to anybody for recruiting.
And recruiting does happen, even at public schools. My son and at least three of his friends on the football team have been "recruited" by more than one school in the area. Nothing nefarious, just coaches urging them to switch schools (once even at a Walmart) during otherwise normal interactions. Plus, just look at all the movement in the off season and you can see the results of the recruiting in action.
And recruiting does happen, even at public schools. My son and at least three of his friends on the football team have been "recruited" by more than one school in the area. Nothing nefarious, just coaches urging them to switch schools (once even at a Walmart) during otherwise normal interactions. Plus, just look at all the movement in the off season and you can see the results of the recruiting in action.
In the Brown case was this his first transfer? You can transfer to your feeder school at anytime (even during the season) and be immediately eligible providing it was your one and only transfer and is in fact your feeder school by zip code
example: You can't transfer from your feeder to another school then transfer back and be eligible. You would then need a hardship waiver.
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One of the big things about recruiting is that the coaches and ads know what to tell the athletes transfer to say in meetings. If they want you they will make sure you say the right stuff and not the wrong stuff. Know from experience on this one.
I don't know if it is a good thing or a bad thing that the state of Delaware is so strict on the recruiting aspect. Thus past spring my son played with the maryland Seahawks and every practice and every game there were coaches from all over Maryland just pitching everything at him. They even went to a tournament in New Jersey and there must have been a dozen coaches there doing what they could to get him to come to school. While in Delaware it seemed that you either had to speak with a coach at a camp or contact the school directly. Like I said I see the benefits and downside from both of these scenarios, but I do think Delaware should ease up some because it might give some kids a better chance at a better education and a better shot at attending college.
The DIAA board used to just rubber-stamp waivers, and when the complaining got loud enough, or came from the right people, they changed their tune. It makes it difficult to explain the denials, even if they were justified by the letter of the law.
The better way to handle this would have been to make their intent known over the course of an academic year. That way, students, their parents and the schools would know the situation. I believe ultimately the three waivers that were denied last week will be overturned, and changing the transfer rules will be among the board's next tasks.
Any student who is denied may appeal to the state board of education. They meet this Thursday, but the published agenda makes no mention of any appeals.
The better way to handle this would have been to make their intent known over the course of an academic year. That way, students, their parents and the schools would know the situation. I believe ultimately the three waivers that were denied last week will be overturned, and changing the transfer rules will be among the board's next tasks.
Any student who is denied may appeal to the state board of education. They meet this Thursday, but the published agenda makes no mention of any appeals.
In my opinion, that attitude will essentially kill high school football.
Private schools and public schools in higher income districts will siphon off a lot the best players from the rest of the schools, making those schools perennially losers. Kids don't want to play for perennially losers, so those programs will start to contract until they don't have enough players to field a team anymore.
Seaford has been going down that path lately. Last year, they didn't have a JV team and could only field 16 players on Varsity, even though Seaford is bigger than both Woodbridge and Delmar. And isn't it Dickinson who always ends up forfeiting the last games of the season due to not having enough players academically eligible to play?
Eventually a lot of high schools will drop their football program if unrestricted recruiting is allowed. It's a guess as to whether or not there will be enough programs left to keep football alive.
Maryland private schools are not part of the state association so they have their own rules and recruiting 8th grade and under is fair game. New Jersey privates seem to operate without impunity from NJSIAA as well. Mainly because of their set up where the privates are in their own league and publics aren't forced to play them. Same with the WCAC (MD,VA and DC Catholic League).
Maryland and New Jersey state associations will come down on recruiting in the publics though. Also in Maryland for sure (Baltimore City excluded) there is no school choice so you legally have to live in the school zone to enroll. Not that folks haven't cheated that with fake phone bills and leases and whatnot but they get caught as well sometimes.
Thank you guys for the feedback and your honest opinions. This was a very new experience for my son and our family. From his mom's side and mine we were in a whole new realm of things. I guess for me it was viewing things after being on both sides and wanting to pick the side that would provide a better future for someone. But that isn't really an option for probably 90% of people who actually play sports and that would be a tragedy that if programs are cut from schools due to a lack of players. There are a ton of kids who get to play high school sports just because they love to and if they lost that chance because too many other players left that would be very detrimental.
I hear your point on killing high school football. I think it is very valid. But lets say a coach does not develop players or even help with the recruiting process. Maybe the coach was hired because of family/friend connections. The athlete is at a disadvantage because of his/her/they address.
Delaware is already at a significant disadvantage with the rules on coaching outside of the season.
There are a few kids who do miss out on college scholarships every year. There are so many opportunities to play at D2, D3 levels.
If the student/parents/coaches think there is a better opportunity, they should be able to choice wherever the want. There should be no postseason play for the student. It seems to me the only players that would move would be the ones who can better their chances of the scholarship.
I am just not in favor of a board that determines a student's fate. Not to bring up a sore subject, but the handling of the schedule last year was a complete mess.
And therein lies the rub. Do you try to maximize the opportunities for the "great" players who might get scholarships, or do you have a more "equitable" system that allows similar opportunities to everyone?
There is no perfect answer.
It does seem that they are making changes now regarding the out of season coaching. You would imagine that DIAA doesn't want to continue losing kids to the bigger out of Stat programs and hopefully keep them in Delawarr regardless of which Delaware school they attend. The more kids that stay in Delaware and then are able to go on to D1 schools for college only helps make the state look better and show that it has the ability to produce top notch athletes.
Definitely agree that there is no perfect answer. Only bad thing with being the little state, not enough people or schools to separate like you can in Pennsylvania, Texas, and California.
My understanding is that Brown's father took a job at the school and will be one of the coaches at the school. I'm not sure if that was Dickinson or not. It appears they moved into the school district so that the father could be closer to work. If transferring to play with your dad for one last time isn't a good reason for a waiver what is? There has to be some wiggle room for things of this nature. As far as Sama, I was told, from a parent at Sals, that DMA was protesting the transfer. But I can't see that since they seemed to have so many transfers this year along with their new coach from out of state.
Yeah it is Dickinson and looks like he was at Conrad since freshman year. If he lives in Dickinson feeder then its a no brainer and he shouldn't even need a waiver. I agree this one makes no sense. I would bet as @DoItWrite said this one gets turned around.
Am I missing something here? Is it 1992? The DIAA denied a student transfer to Dickinson?
That's what I'm saying. Somebody must of passed off a Board member or something. Lol
I agree with all of the transfers going into DMA protesting seems a bit hypocritical. Plus speaking with the DMA coach he seemed blindsided by the Sama transfer but he also seemed to take it in stride but that could be all talk behind closed doors.