1852911 Notice of Final Rulemaking exempting fifth-year high school seniors enrolled in a District of Columbia public school as of July 1, 2011, who have not participated in four regular seasons of interscholastic athletics.
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OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION
NOTICE OF FINAL RULEMAKING
The State Superintendent of Education, pursuant to 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)) (2011 Supp.) hereby gives notice of the adoption of a final rule amending chapter 27 (Interscholastic Athletics) of subtitle A (Office of the State Superintendent of Education) of title 5 (Education) of the District of Columbia Municipal Regulations (DCMR). This final rule amends subsection 2701.4(s) by exempting fifth-year high school seniors enrolled in a District of Columbia public school as of July 1, 2011, who have not participated in four (4) regular seasons of interscholastic athletics. The amendment clarifies and extends the application of the effective date and governing procedures for eligibility in subsection 2701.4 (s). The emergency rule was adopted on August 25, 2011, and took effect at that time. The emergency rules expire on December 23, 2011, one hundred twenty (120) days from the date of adoption or until a final rule is adopted, whichever occurs first.
The purpose of the rulemaking is to clarify eligibility for certain high school seniors enrolled in a District of Columbia public school as of July 1, 2011, who have not participated in four (4) regular seasons in the same individual or team interscholastic sport, and exempt them from the eligibility computations. The rulemaking is necessary to ensure uniform application of eligibility standards for this year’s senior class and to eliminate any potential adverse impact with regard to college scholarship opportunities. This amendment ensures equity and fairness to students affected, eliminating potential adverse consequences to students impacted by the new Interscholastic Athletic rules published as final on July 22, 2011, at 58 D.C. Register 6015.
The Notice of Emergency and Proposed Rulemaking was published in the D.C. Register on September 9, 2011, at 58 D.C. Register 7984. OSSE adopted the final rules without change on December 2, 2011. The rules will go into effect upon publication in the D.C. Register.
Section 2701, ELIGIBILITY FOR PARTICIPATION, of chapter 27, INTERSCHOLASTIC ATHLETICS, of subtitle A, OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION, of title 5, EDUCATION, of the DCMR is amended as follows:
Paragraph (s) of subsection 2701.4 is amended to read as follows:
(s) Semester and season eligibility computations 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. For student athletes in grades nine (9) through twelve (12), eligibility shall cease at the end of the eighth (8th) semester after first entering the ninth (9th) grade. In school year 2011-2012, this paragraph shall not apply to seniors who are enrolled in a District of Columbia public school as of July 1, 2011, and who have not participated in four (4) regular seasons in the same individual or team interscholastic sport.
