D.C. Mun. Regs. tit. 5, r. 5-F107

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 5-F107 - STUDENT ELIGIBILITY TO PARTICIPATE: TRANSFERS

107.1

A student who transfers enrollment from any school, including a member school, to any member school 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. They shall be eligible immediately upon registration provided they meet all other DCSAA eligibility requirements. However, a student shall not participate in a contest at the varsity level for two different schools in the same sport during the same school year. A student is considered a ninth (9^th) grader until the first day of school of their tenth (10^th) grade year;

(b) A student attending a member school has a valid change of address, as defined in this chapter;

(c) 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, or a notarized statement signed by the affected parties shall not be sufficient to render the student eligible to participate in interscholastic athletics. For purposes of eligibility, a child placed within Child and Family Services Agency (CFSA) custody is eligible to participate in interscholastic athletics immediately at the school they attend;

(d) A student who registers on the basis of a petition for the transfer of guardianship is not eligible to compete until the custodial legal guardian has provided the aforementioned required documentation or has received a signed court order designating them as the student's custodial legal guardian.

(e) If the student is in their second, third or fourth year of eligibility and the transfer is a result of a seat opening in the receiving school if the student had previously applied to the school and had been rejected due to a lack of capacity or a result of admission via the DC school based lottery. For this exception to apply, the receiving school shall have appropriate documentation including: a dated and school stamped 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 or a notification of admission from the lottery school.

(f) Transfer because of promotion or administrative assignment to the ninth (9^th) grade from a school whose terminal point is the eighth (8^th) grade, or to the tenth (10^th) grade from a junior high school whose terminal point is the ninth (9^th) grade, shall not constitute a transfer. Students so promoted or administratively assigned shall be eligible.

(g) 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;

(h) The closure of the sending school;

(i) The sending school discontinuing a single sport that the student sought to participate in at the varsity level;

(j) 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;

(k) A transfer is the result of the student's being homeless as defined by OSSE, 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;

(l) The transfer is a result of a student exercising transfer options (i.e., persistently dangerous schools (5-E DCMR § 3805) or victim of a violent crime (5-E DCMR § 3809)) as allowed by D.C. law;

(m) The student is a qualified foreign exchange student under § 105.1 or an international student residing in the District with his or her parent(s); or

(n) A student who has not previously participated in the sport for which they are interested in competing; who is released by a proper school authority from a sending school, and has completed the registration process at the receiving school shall be eligible, provided they meet all other DCSAA eligibility requirements. The receiving school shall submit, to the DCSAA, an electronic or signed statement from the athletic director of the sending school that states the student did not participate in the specific sport the preceding year in which they wish to participate.

107.2

The student-athlete may submit, to the DCSAA, a Student-Athlete Transfer release form which shall be signed by the parent, the athletic director and principal of the sending school and the athletic director and principal of the receiving school stating that the transfer is for non-athletic purposes.

D.C. Mun. Regs. tit. 5, r. 5-F107

Final Rulemaking published at 67 DCR 2867 (3/13/2020)