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The Ohio High School Athletic Association

Bylaw Situations Requiring Commissioner Approval

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Situations Requiring Approval of the Commissioner’s Office
As of August 1, 2006 

4-2-1 – Exception – Age – High School – Student with a Disability
If a student enrolled in high school attains the age of 19 before August 1, the student shall be ineligible to participate in high school interscholastic athletics for the school year commencing in that calendar year.

EXCEPTION: If the student is a “child with a disability” as that term is defined at 42 U.S.C. Section 12102 (ADA) and the Regulations promulgated there under, and the student’s specific disability has contributed significantly to the student’s inability to meet the requirements of this bylaw, that student may be declared eligible by the Commissioner if, in the Commissioner’s sole discretion, the Commissioner determines that:

a) the student does not pose a safety risk to himself/herself or others; and
b) the student does not enjoy any advantages in terms of physical maturity, mental maturity or athletic maturity over other student-athletes; and
c) the student’s participation does not affect the principles of competitive equity; and
d) the student’s participation does not displace another student-athlete; and
e) there is no evidence of “red-shirting” or other indicia of academic dishonesty.

Click here to view the checklist: http://www.ohsaa.org/eligibility/forms/Disability.pdf

4-2-2 – Exception – Age – Grades 7-8 – Student with a Disability
If a student enrolled in grade 7 or 8 attains the age of 15 before August 1, the student shall be ineligible to participate in 7-8th grade interscholastic athletics for the school year commencing in that calendar year.

EXCEPTION: If the student is a “child with a disability” as that term is defined at 42 U.S.C. Section 12102 (ADA) and the Regulations promulgated there under, and the student’s specific disability has contributed significantly to the student’s inability to meet the requirements of this bylaw, that student may be declared eligible by the Commissioner if, in the Commissioner’s sole discretion, the Commissioner determines that:

a) the student does not pose a safety risk to himself/herself or others; and
b) the student does not enjoy any advantages in terms of physical maturity, mental maturity or athletic maturity over other student-athletes; and
c) the student’s participation does not affect the principles of competitive equity; and
d) the student’s participation does not displace another student-athlete; and
e) there is no evidence of “red-shirting” or other indicia of academic dishonesty.

Click here to view the checklist: http://www.ohsaa.org/eligibility/forms/Disability.pdf

4-3-4 - Eight Semesters
After a student completes the eighth grade, or is otherwise eligible for high school athletics pursuant to Bylaw 4-2-3, the student shall be eligible for a period not to exceed eight semesters taken in order of attendance, whether the student participates or not. A student in grade 7 or 8 who attains the age of 15 before August 1 shall be eligible only at the high school level for a period not to exceed eight semesters taken in order of attendance, whether the student participates or not.

4-3-4 – Exception 1 – Completion of a Sports Season
EXCEPTION 1: The Commissioner or the Board of Control may permit a student who completes the eighth semester of eligibility during the season of a sport to complete the sports season of the sport in which the student is participating provided the student is enrolled in school. If such extension is granted, the student is ineligible for further interscholastic participation when the sports season, regular and tournament, has ended.

4-3-4 - Exception 2 – Eight Semesters – Student with a Disability
EXCEPTION 2: If the student is a “child with a disability” as that term is defined at 42 U.S.C. Section 12102 (ADA) and the Regulations promulgated there under, and the student’s specific disability has contributed significantly to the student’s inability to meet the requirements of this bylaw, that student may be declared eligible by the Commissioner if, in the Commissioner’s sole discretion, the Commissioner determines that:

a) the student does not pose a safety risk to himself/herself or others; and
b) the student does not enjoy any advantages in terms of physical maturity, mental maturity or athletic maturity over other student-athletes; and
c) the student’s participation does not affect the principles of competitive equity; and
d) the student’s participation does not displace another student-athlete; and
e) there is no evidence of “red-shirting” or other indicia of academic dishonesty.

Click here to view the checklist: http://www.ohsaa.org/eligibility/forms/Disability.pdf

4-3-7- Combining 7-8th Grade Schools
Member schools containing grades 7 and 8 may combine students from two or more schools within the school district to form one interscholastic team in a sport. Requests for permission to combine students from two or more schools in the same non-public or public school system must be submitted annually to the OHSAA in writing by the superintendent of the non-public or public school system. The written request must contain the following:

1 — Names of schools involved.
2 — Total number of students from each school involved in the sport.
3 — Total number of boys or girls in each grade of each school in the combination.
4 — The name of the Principal, name of the School and the complete address of the Administrator responsible for the conduct and operation of the combined team or teams.

4-4-2 – Restoration of Scholastic Eligibility for Student with a Disability
In the event an Independent Hearing Officer (“IHO”), through the Due Process procedures established by the Ohio Department of Education in compliance with the Individuals with Disabilities Education Act, determines that a school has failed to provide all of the necessary support services as identified in a student’s IEP as necessary for the student to receive a “free and appropriate public education,” AND, as a result of this failure to provide these necessary services the student fails to meet the requirements of Bylaw 4-4-1, the student may be declared eligible by the Commissioner upon the student’s successful completion of the appropriate compensatory education as ordered by the IHO.

4-4-9 – Waiver of Preceding Grading Period Enrollment
The Commissioner may waive the requirement of preceding grading period enrollment if a student has been withdrawn or removed from school because of circumstances due to personal accident, illness or family hardship. The principal or the official designee of the school shall appeal in writing to the Commissioner. The appeal shall contain documents with school and medical supporting evidence. The decision of the Commissioner may be appealed to the Board of Control. 

4-7-2 – Interdistrict Transfer
If a student transfers after the first day of the student’s ninth grade year or after having established eligibility prior to the start of school by playing in a contest (scrimmage, preview or regular season/tournament contest), the student will be ineligible for one year from the date of enrollment in the school to which the student transferred. A student is considered to have transferred whenever the student changes from that school in which the student was enrolled as a ninth grader to any other school regardless of whether the school from which the student transferred or to which the student transfers is public or non-public, member or non-member or whether the high schools are within the same school district.

4-7-2 - Exception 1 –Parent’s Bona Fide Move [When a bona fide change in residence is in question]
EXCEPTION 1 — If the parents or legal guardian have made a bona-fide legal change of residence from one public school district to another public school district, the student may enroll in either the public school within the boundaries of that public school district that includes the new residence of the parents or legal guardian or any non-public school, and be immediately eligible insofar as transfer is concerned. Note: See the definition of a bona fide residence in Bylaw 4-6-1.

Click here to retrieve Affidavit of Bona Fide Residence: http://www.ohsaa.org/eligibility/forms/Affidavit-BonaFideResidence-2005.pdf

4-7-2 - Exception 2 - Change of Custody
EXCEPTION 2 — If the student is the ward of a court-appointed guardian, and there is a subsequent change in that guardian, the student shall be eligible in the district of residence of the new guardian or at any non-public school provided the student lives with the guardian.

Likewise, if the student is the child of parents who were never married or have had their marriage terminated and there is a court ordered change of custody, the student shall be eligible in the district of residence of the new custodial parent or at any non-public school provided the student lives with the new custodial parent. For purposes of this exception, the term “parent” means the biological or adoptive parents of the student or, as the case may be, the person to whom parenting rights and responsibilities have been allocated pursuant to court order. In the event a student has been temporarily or permanently removed from the home, “parent” means the person or government agency with legal or permanent custody. When a change of residential parent or legal custodian results in a change of school district, the student is ineligible until ruled eligible by the Commissioner.

To receive a ruling the principal or athletic administrator shall send:

1.   Copy of the court entry changing the custodianship signed by either a judge or magistrate (affidavits are not acceptable)

2.   Cover letter verifying that the person named in the custody document is a bona fide resident of the new public school district into which the student has transferred (or non-public school if that option is selected) and the student will live with the custodian.

4-7-2 – Exception 3 – Shared Parenting – [When a bona fide change in residence is in question]
EXCEPTION 3 — If, and only if, either one of the parents in a Shared Parenting Plan, notwithstanding any provisions therein to the contrary, makes a bona-fide legal change of residence from one public school district into another public school district, the student shall be immediately eligible insofar as transfer is concerned in the public school located in the residential district of either parent or any nonpublic school.

Click here to retrieve Affidavit of Bona Fide Residence: http://www.ohsaa.org/eligibility/forms/Affidavit-BonaFideResidence-2005.pdf

4-7-2 –Exception 5 – School Annexation or Consolidation
EXCEPTION 5 — If the bona fide residence of the student’s parents is annexed to a different school district or consolidated within a school district, the student may be ruled eligible upon transfer to a school in the annexed or consolidated district subject to modification by formal action by the Boards of Education concerned. A copy of such action by Boards of Education must be on file in the Association office before the Commissioner can rule the student eligible.

4-7-2 –Exception 6 – Superintendent’s Agreement
EXCEPTION 6 — Subject to the provisions of exception 7 below, a student may transfer to a different school and be eligible provided the superintendents of both districts enter into a written agreement that consents to the attendance and specifies that the purpose of such attendance is to protect the student’s physical or mental well-being. Only one such exemption shall be permitted in any four school years. The student shall not be eligible until declared eligible by the Commissioner upon submission of the exemption form.

Click here to retrieve the form and the checklist, which guides the superintendent’s decision:
Form:  http://www.ohsaa.org/eligibility/forms/Exc6.PDF
Checklist: http://www.ohsaa.org/eligibility/forms/Exc6checklist.pdf 

4-7-2 –Exception 7 – Transfers into Public School in Parent’s Residential District – [No Approval but Paperwork Required]
EXCEPTION 7 — A student shall be entitled to one transfer into a public high school located in the public school district within which the student’s parent residence is located regardless of from where the student is transferring. However, if the student utilizes this exception, the student will no longer be able to utilize the superintendent’s agreement exception set forth in Exception 6 above.

Click here to retrieve the Form: http://www.ohsaa.org/eligibility/forms/Exc7.pdf

4-7-2 - Exception 8 – Self-Supporting Status
EXCEPTION 8 — A student who does not live in the same school district as parents or legal guardian and who is financially self-supporting may be ruled eligible upon approval of the Commissioner at a school in the district where the student resides. The Commissioner is empowered to establish requirements for the student to be determined to be self-supporting. These requirements shall be established for each school year by May 15th of the preceding year. Self-support documentation must be submitted for approval every 30 days. The student is ineligible until ruled eligible by the Commissioner.

Click here to retrieve the form: http://www.ohsaa.org/eligibility/forms/selfsupport.pdf

4-7-2 – Exception 10 – Home not ready for Habitation
EXCEPTION 10 — The Commissioner shall have the discretionary power to waive the Residence requirements in only those cases of students whose parents live outside the school district and whose contracted domicile is not available for their habitation. The students are ineligible until ruled eligible by the Commissioner.

To receive a ruling the principal or athletic administrator shall send:

1.  Copy of purchase of lease agreement indicating the prospective date of habitation.

2.   Cover letter verifying that the person named in the agreement will be a bona fide residence of the new public school district into which the student has transferred (or non-public school if that option is selected).

4-7-2 - Exception 11 – School District Drops all Sports Programs
EXCEPTION 11 — If, and only if, a school district ceases to sponsor its interscholastic athletic program, a student may transfer to any other school and continue his/her eligibility provided the following conditions are met: a) The student had participated on the school sponsored team in the canceled sport during the entire previous sport season for that sport; and b) The transfer occurs at the beginning of the new school year (defined as the first day of school or when the student participates in the first contest for the school prior to the beginning of the school year) or, at the beginning of the next grading period following the school’s decision to cancel its sponsorship of its interscholastic athletic program; and c) For a period of one year from the date of transfer, the student may only participate in that sport(s) in which the student had participated in the previous school year; and d) Evidence that all of the conditions for eligibility are submitted to the office of the Commissioner, which, upon review, may rule the student eligible. No student transferring under this provision shall be eligible until declared so by the Commissioner’s office.

In addition to the preceding conditions having been met, the following limitation shall apply: Any student transferring eligibility pursuant to this exception will not be able to take advantage of exceptions 6 (superintendents’ agreement) or 7 (transfer into residential district) of this Bylaw at any time after the transfer becomes effective.

4-7-3 – Intradistrict Transfer
The superintendent or person delegated by the superintendent of either a non-public or public school system may transfer students within the system without jeopardizing their eligibility. Such transfers are eligible only after approval by the Commissioner. 

Requires a letter form the superintendent listing the students and the schools from which and into which they are transferring. 

4-7-4 – Transfer from Poor Performing Schools
Notwithstanding the provisions of sections 4-7-2 and 4-7-3, if a student transfers pursuant to state or federal statutes addressing unsafe schools or academically poor performing schools, and the student can demonstrate to the satisfaction of the Commissioner’s office that the transfer is for purely academic reasons and not athletic reasons, the Commissioner’s office may declare such transferring student eligible upon application to the Commissioner’s office. The student is not eligible until declared eligible by the Commissioner’s office.

Click here to retrieve the instructions:  http://www.ohsaa.org/eligibility/Bylaw4-7-4.pdf

4-8-1- Students from outside the United States
Students from countries and provinces outside the United States are ineligible for interscholastic athletics.

4-8-1 – Exception 1 – Parents move to the USA
EXCEPTION 1: A student from a country or province outside the United States may be declared eligible if the student’s parents move into and are legal residents of the school district in which the student is enrolled and attending. The student is not eligible until declared eligible by the Commissioner.

Principal shall submit letter or request citing circumstances.

4-8-1 – Exception 2 – Foreign Exchange Program - CSIET
EXCEPTION 2: A student in an approved foreign exchange program contained in the Advisory List of International Educational Travel and Exchange Programs published by the Council on Standards for International Educational Travel (CSIET) may be eligible for interscholastic athletics. The student is not eligible until declared eligible by the Commissioner upon submission of the exchange student form. The following restriction applies: a. Students are eligible for a maximum of one school year.

Click here to retrieve the form: http://www.ohsaa.org/eligibility/forms/FEelig.pdf

4-8-1 –Exception 3 - Adoption
EXCEPTION 3: A student from a country or province outside the United States may be declared eligible for interscholastic athletics upon the submission of a court approved document certifying the student’s adoption by a legal resident of the school district in which the student is attending. The student is not eligible until declared eligible by the Commissioner upon submission of the appropriate court documents.

To receive a ruling the principal or athletic administrator shall send:

1.   Copy of the court entry approving the adoption and signed by either a judge or magistrate

2.   Cover letter verifying that the person named in the adoption document is a bona fide resident of the new public school district into which the student has transferred (or non-public school if that option is selected) and the student will live with the adoptive parent.

4-8-1 – Exception 4 – Parents are USA Citizens living outside the USA
EXCEPTION 4: A student from a country or province outside the United States may be declared eligible for interscholastic athletics when the student’s parents are citizens of the United States who reside outside the United States. The student is not eligible until declared eligible by the Commissioner upon submission of the appropriate court documents.

Principal shall submit letter or request citing circumstances.

4-8-2 – Return from Domestic or Foreign Exchange Program
An Ohio student returning from a domestic or foreign exchange program may resume interscholastic competition in an Ohio member school at the point of interruption provided the student did not receive credits toward graduation while participating in the exchange program and provided the student meets all requirements relative to age, semesters of eligibility as well as preceding grading period scholastic requirements in the exchange program. Such a student is ineligible until ruled eligible by the Commissioner or Board of Control.

Principal shall submit letter or request citing circumstances.


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