Section 5-A2701. ELIGIBILITY TO PARTICIPATE

 

2701.1The eligibility certification for students to participate in interscholastic athletics shall occur as follows:

 

(a)Principals shall be responsible for determining the eligibility of the students participating in interscholastic athletics by submitting a master eligibility list to the LEA’s athletic director (“AD”) fourteen (14) days before the date of the first (1st) official contest for each team.

 

(b)A supplemental eligibility list may be submitted up to fourteen (14) days after the first (1st) official contest. However, students on the supplemental eligibility list may not participate without the prior written approval of both the Principal and the LEA’s AD.

 

(c)Each LEA shall report the eligibility and participation of each student determined eligible to play by his or her Principal not later than seven (7) calendar days after receipt of the master eligibility list from the Principal, to the Statewide Athletics Office (“SAO”).  Any supplemental list shall also be provided to the SAO immediately after it has been approved by the Principal and LEA.

 

(d) Each LEA shall provide a written summary with supporting documentation to the SAO with regard to any determinations related to a student’s ineligibility within five (5) school days of the determination of ineligibility. 

 

(e)     An LEA shall maintain a record of a student’s eligibility for each school year of a student’s participation on a junior varsity or varsity team. All documentation required in this chapter shall be on file prior to the first (1st) official contest of each sport and maintained during the sport season.

 

(f)The SAO, upon a thirty day (30) request to the LEA, shall be given access to review and sample athletic eligibility files.  The SAO shall notify the LEA in writing regarding any recommendations to maintain sufficient eligibility documentation.

 

2701.2LEA and school representatives shall not engage in any activity seeking to influence a student to transfer from one (1) LEA or school to another for the purpose of participating in interscholastic athletics.

 

2701.3 A student who transfers enrollment from any school to a public school in the District of Columbia in grades nine (9), ten (10), eleven (11), or twelve (12) is ineligible to participate in interscholastic athletics unless he or she meets one (1) of the following exceptions: 

 

(a) A student in grade nine (9) may transfer one (1) time during that school year without loss of eligibility; 

 

(b) A student attending a public school moves to a new bona fide permanent residence in the District of Columbia, with his or her custodial parent(s), legal guardian, or primary caregiver; 

 

(c) The student is transferred to another school by any court order;

 

(d) A reorganization, consolidation, or annexation of the student’s school occurs;

 

(e) The closure of the student’s school or school’s athletic program;

 

(f) The student is ordered to transfer for non-athletic purposes;

 

(g) The student has special needs, as identified by the Individualized Education Program (IEP) or Section 504 Plan, and is transferred to another public school for the delivery of a free appropriate public education;

 

(h) A transfer is the result of the student’s being homeless as defined in the McKinney-Vento Homeless Assistance Act, 42 U.S.C. 11434a(2), except if the student’s homeless status is shown to have been created by the student or his/her family for the primary reason of eligibility in interscholastic athletics;

 

(i) The student transfers as provided for in 5 DCMR E § 3805 because his or her school has been designated as a persistently dangerous school;

 

(j) The student transfers as provided for in 5 DCMR E § 3809 because he or she has been the victim of a violent crime or a pattern of bulling or other aggressive conduct or sexual harassment;

 

(k) The student is a qualified foreign exchange student under § 2701.4(e) or an international student residing in the District with his or her parents.

 

(l) The period of ineligibility for students that transfer absent an exception shall be one (1) calendar year commencing with the first (1st) day of official attendance in the receiving school. 

 

2701.4The LEA shall develop written procedures for challenges to eligibility based upon credible information that a student may not meet eligibility requirements set forth in this chapter.  Challenges to a student-athlete’s eligibility shall occur as follows:
 

(a) A challenge must be presented in writing and signed by the submitting party, addressed to the appropriate school authority where the student is enrolled.

 

(b) The LEA shall provide a written report with supporting documentation of its findings and the student’s right to appeal to the LEA, to the challenging party, SAO, and parents or guardian, not later than five (5) school days after the date the matter is reported to or by the LEA.

 

(c) Upon a final eligibility determination by the LEA, the LEA shall issue the results of its review and supporting documentation to the SAO and the parents or legal guardian.  For the protection of his or her team’s win/loss record, the student whose eligibility is in question may not practice, scrimmage, or play in any school sponsored interscholastic athletic competition, until the LEA has issued its eligibility determination pursuant to its review. 

 

(d) In the event an LEA requires forfeiture of a contest already played, the Athletic Appeals Panel (“Panel”) shall review the decision affirming or denying the forfeiture and shall provide the results of its findings and recommendations to the LEA not later than five (5) school days after the date the matter is reported to the SAO.

 

(e) If the LEA fails to provide the results and supporting documentation required in this subsection before the student participates, the SAO may on its own initiative refer the case to the Panel for a final decision regarding eligibility and the forfeiture of contest. 

 

2701.5In order to be eligible to participate in interscholastic athletics at a public school, a student shall also meet the following requirements:

 

(a) A student shall be a resident of the District of Columbia in conformance with all residency laws and regulations for students attending public schools in the District of Columbia.

 

(b) A nonresident student of the District of Columbia is eligible to participate in interscholastic athletics under the following circumstances: 

 

(1)Admission to a public school complies with applicable laws and Regulations;

 

(2)Applicable nonresident tuition payments are current; and

 

(3)Enrollment in a public school in the District of Columbia for one (1) calendar year, consistent with § 2701.3.

 

(c) A student shall provide written authorization for each team that he or she    wishes to participate on, and the authorization shall contain the signature of the custodial parent, legal guardian, or primary caregiver.; 

 

(d) A student shall provide a medical certification confirming that the student is physically fit for the sport in which the student seeks to participate; 

 

(e)(1)A student shall be covered by appropriate accident insurance, obtained either by his or her LEA or his or her parent or guardian  and approved by his or her school’s LEA, during each season the  student participates;  

 

(2)Appropriate notice of the coverage and cost of the accident insurance obtained by his or her school’s LEA shall be provided  annually to parents or guardians and adult students; 

 

(3)A parent or guardian submitting a policy for approval by the student’s school’s LEA shall do so within the time specified by the  LEA; and

 

(4)Students participating in football shall be insured by additional football accident insurance which shall be paid for by the LEA in  which the student is enrolled; 

 

(f)A student athlete shall maintain compliance with State attendance regulations and shall be present at least two-thirds (2/3) of the required school days preceding the first day of each season designated by the SAO for each sport that the student participates in.  The student athlete shall have no more than three (3) unexcused absences during the season of participation for each sport; 

 

(g)A student in grade nine (9), ten (10), eleven (11), or twelve (12), shall have a grade point average of at least 2.0 (“C”) to participate in interscholastic athletics; 

 

(h)A student in grade four (4), five (5), six (6), seven (7), or eight (8) shall not fail more than one (1) subject in the  grading period immediately preceding the sport season in which the student wishes to participate;

 

(i)The student shall not have graduated from high school from the LEA for which he or she participates in a sport; provided, that an eligible student whose graduation exercises are held before the end of the school year may continue to participate in interscholastic athletics until the end of that school year;

 

(j)A student-athlete who reaches the following ages on or before August 1 of the school year in which he/she wishes to compete is not eligible: 

 

(1) (12) years old in grades four (4) and five (5);

 

(2) (15) years old in grades six (6) through eight (8); or

 

(3) (19) years old in grades nine (9) through (12);

 

(k)A student shall maintain amateur standing by engaging in sports only for the physical, educational, and social benefits derived from sports and by not accepting, directly or indirectly, a remuneration, gift, or donation based on his or her participation in a sport other than approved school, LEA, or State awards;

 

(l)A student is eligible to participate in regular season, playoff, or championship interscholastic athletic contests for a maximum of:

 

(1)Four (4) semesters (two (2) seasons) in grades four (4) through five (5);

 

(2)Six (6) semesters (three (3) seasons) in grades six (6) through eight (8); and

 

(3)Eight (8) semesters (four (4) seasons) in grades nine (9) through twelve (12), consistent with paragraphs in this subsection;

 

(m)(1)Semester computations pursuant to Subsection (l) shall begin from the semester in which the student was enrolled for the first time in  any school in grades four (4), six (6), and nine (9), and shall be  counted continuously thereafter, regardless of whether he or she  remains continuously enrolled in school.

 

(2)For student athletes in grades nine (9) through twelve (12), eligibility shall cease at the end of the eighth (8th) semester after  first (1st) entering the ninth (9th) grade;

 

(n)Completion of a summer school program shall not be counted as a semester of attendance;

 

(o)A student shall participate only under the name by which he or she is registered in the public school he or she attends;

 

(p)A student’s participation shall be classified as follows:

 

(1)Grades four (4) and five (5) shall participate on the elementary level;

 

(2)Grade six (6) shall participate on the elementary level, unless enrolled in grade (6) at a middle school, in which case shall participate on the middle school level;

 

(3)Grades seven (7) and eight (8) shall participate on the middle school level; and

 

(3) Grades nine (9) through twelve (12) shall participate on the high school level;

 

(q) The grade designation on the student’s official record, or official transfer record, shall be controlling in determining whether a student is assigned to grades four (4) through six (6) as used in this chapter;

 

(r)A student shall be considered to be assigned to grades seven (7) through twelve (12), as used in this chapter, based upon the qualifications adopted by the Chancellor of DCPS or the director of another LEA, as applicable; or the grade designation on the official transfer record from another jurisdiction; provided that the student has met the minimum criteria required for the grade;

 

(s)A student may represent only one (1) school in the same sport during a school year; 

 

(t)A student who has participated in varsity competition in a sport during a school year shall be ineligible to participate in junior varsity competition in the same sport in the same year;

 

(u) A student who needs fewer than two (2) credits to graduate from twelfth (12th) grade and who transferred to a high school within the preceding twelve (12) months is prohibited from participation in any interscholastic athletic activity for the duration of the student’s enrollment at that school;

 

(v)An international student participating in a foreign exchange program shall be considered immediately eligible for a maximum period of one calendar school year if the student:

 

(1)Has not completed his or her home secondary school program;

 

(2)Meets all other eligibility requirements of this section;

 

(3)Has been randomly assigned to his or her host parents and school and neither the school the student attends nor any person associated with the school has had input in the selection of the student and no member of the school’s coaching staff, paid or voluntary, serves as the resident family of the student;

 

(4)Possesses a current J-1 visa issued by the U.S. State Department; and

 

(5)Is attending school under a foreign exchange program on the current Advisory List of International Educational Travel and Exchange Programs published by the Council on Standards for International Education Travel and such program assigns students to schools by a method which ensures that no student, school, or other interested party may influence the assignment;

 

(w) An international student not participating in a foreign exchange program shall be treated as all other students who transfer schools; 

 

(x) A student in grade nine (9), ten (10), eleven (11), or twelve (12) shall not participate in the same individual or team sport outside of school, or with a team, an organized league, tournament meet, match or contest between the first (1st) and last scheduled contest of the school team during the season of the sport; provided, that a student who is selected to represent the United States in international amateur competition shall not become ineligible in school competitions for participating in qualifying trials. The following sports shall be exempted from the restrictions of this paragraph:

 

(1)Golf;

 

(2)Swimming;

 

(3)Tennis;

 

(4)Gymnastics;

 

(5)Volleyball;

 

(6)Softball;

 

(7)Track and field;

 

(8)Cross-country;

 

(9)Crew;

 

(10) Soccer;

 

(11) Cheerleading;

 

(12) Lacrosse;

 

(13) Rugby;

 

(14) Field Hockey; and

 

(15) Wrestling;

 

(y) A hardship waiver was granted to the student by the Panel.

 

2701.6A request for a waiver of the eligibility requirements shall be made only upon presentation in writing by the AD of an LEA to the SAO for a decision by the Panel, as follows:

 

(a) A  request for a waiver from the requirements in this chapter shall be presented to the SAO in writing with supporting documentation by the LEA;

(b) The SAO shall forward the waiver request received from the AD of an LEA to the Panel; and

 

(c) No later than five (5) school days after the date of receipt, the Panel shall affirm or deny the waiver request in a written decision.

 

(d) The decision of the Panel is final.

 

authority

Section 3(b)(11) of the District of Columbia State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code §§ 38-2602(b)(11) (2012 Repl. & 2013 Supp.)) and Section 401 of the Healthy Schools Act of 2010, effective July 27, 2010 (D.C. Law 18-209; D.C. Official Code §§ 38-824.01 (2012 Repl.)).

source

Final Rulemaking published at 58 DCR 6015, 6016 (July 22, 2011); as amended by Emergency and Proposed Rulemaking published at 58 DCR 7984 (September 9, 2011)[EXPIRED]; as amended by Final Rulemaking published at 58 DCR 10605 (December 16, 2011); as amended by Final Rulemaking published at 59 DCR 10858, 10860 (September 14, 2012); as amended by Final Rulemaking published at 60 DCR 16052 (November 22, 2013).