2.4.4.1.4.2 A student who has previously participated in interscholastic athletics and transfers more than one time during his or her 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 his or her school of residence, which is based on the legal address of the student's custodial parent(s) or court-appointed legal guardian(s), one time without loss of athletic eligibility. For this exception to apply, the transfer must be the student's first transfer during his or her 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 he or she 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 parent(s), legal guardian(s) 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 he or she 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 parent(s), legal guardian(s) 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.
2.4.6 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 Pursuant to 14 Del.C. Ch. 4 a student who transfers from a school of choice to another school of choice in grades 10, 11, and 12 shall be ineligible to participate in interscholastic contests or competitions during the student’s first year of attendance at the receiving school unless the receiving school sponsors a sport(s) not sponsored by the sending school in which case the student shall be eligible to participate in that sport(s) only