Section 314 - Exceptions to ineligibility(a) A period of ineligibility under § 313 of this title does not apply and a student is not required to seek a waiver of ineligibility if any of the following apply: (1) McKinney-Vento Education for Homeless Children and Youth Act. The student's transfer is the result of the student becoming homeless, as "homeless children and youths" is defined under the McKinney-Vento Education for Homeless Children and Youths Act, 42 U.S.C. § 11434a(2).(2) Court action. The student's transfer is the result of court action. "Court action" means an order from a court that affects a legally committed student. A copy of the court order signed by a judge, commissioner, or master of a court of competent jurisdiction is required to meet this exception. A petition for the transfer of custody or guardianship, an affidavit, or a notarized statement signed by the affected parties is not sufficient to meet this exception.(3) Caregivers School Authorization. The student's transfer is under § 202(f) of this title.(4) Unsafe School Choice Option Policy. The student's transfer is based on the student attending a sending school that is a persistently dangerous school or the student is the victim of a violent felony while in or on the grounds of the sending school, and the student opts to transfer to safe school in the same school district under the Unsafe School Choice Option Policy under Regulation 608 of Title 14 of the Delaware Administrative Code.(5) HIB transfer. The student's transfer is because the student experienced harassment, intimidation, or bullying at the student's sending school that resulted in the implementation of a process or policy under Chapter 41 of this title. This exception is established through documentation from the student's sending school that the sending school investigated a complaint under Chapter 41 of this title and determined that the proper action to remediate the complaint is an alternative placement or school transfer. Neither the Board nor the Executive Director may hold a hearing or investigate whether the student was harassed, intimidated, or bullied.(6) Change at sending school. The student's sending school has closed or discontinued all of the school's interscholastic athletics sports programs. To establish that the sending school discontinued all of the school's interscholastic athletics sports programs, the student or sending school must submit to the receiving school and Executive Director documentation demonstrating that the sending school's interscholastic athletics sports programs have been discontinued.(7) Change in residence. The student's transfer follows a change in the student's primary residence, and the change in residence was made with the intent that it is permanent and not primarily for athletic purposes. A student is eligible if any of the following apply: a. Military assignment. The student's change in residence is directly related to an order from a branch of the United State military service, including a reserve component.b. In-state change of residence. The student's change in residence is due to the student's family changing legal residence. 1. "Legal residence" means the family's legal habitation is fixed and the student's parent or guardian has the present intention to reside permanently at that habitation.2. The family must have sold, rented, or disposed of the family's previous residence, and no member of the family continues to reside in the previous residence.3. The student may not maintain dual residency for the purpose of athletic eligibility.4. A change in residence under paragraph (a)(7)b. of this section includes enrollment in a new school district or attendance zone. A student's move within the student's current school district does not apply if the student is not required to transfer schools.5. Proof of the change in residence must be provided. Methods to prove a change in residence include a utility bill, closing documents, voter registration, or other legal documentation. A change in address on a drivers license, without more, is insufficient to prove a change in residence.c. Out-of-state change in residence. The student changes residences from out-of-state and into this state, and is attending a high school in this state for the first time. Paragraphs (a)(7)b.1. through 5. of this section apply to meet this exception.(b) A student or the student's parent, guardian, or relative caretaker shall submit to the Executive Director the documentation required for the exception under this section that applies to the student.(c) An exception under this section does not apply if the student transferred for athletic advantage.Added by Laws 2023, ch. 343,s 5, eff. 8/2/2024.