OHSAA Administrators’ Update Fall Seminar 2014

1. OHSAA Administrators’ UpdateFall Seminar 2014 Presented by the Ohio High School Athletic Association

2. Presenters • Dr. Daniel B. Ross, Commissioner • Mr. Jerry Snodgrass, Assistant Commissioner • Mr. Steven L. Craig, Legal Counsel for the OHSAA • Dr. Deborah B. Moore, Associate Commissioner

3. Eligibility Update • The OHSAA goal is service to our members • Service in the form of assistance in interpreting the bylaws that is significant and useful • Major area of inquiry • Transfer of High School students • Change in the Enrollment and Attendance Bylaw as stipulated in the July 1, 2013 Budget Bill signed by the Governor and in the latest July 2014 update

4. Transfer Eligibility • Major area of questions • May 2013 Referendum approved fundamental changes to the transfer bylaws; 2014 made some ed. changes and created one new exception • OHSAA has updated the “Transfer Bylaw Resource Center” on the website at http://www.ohsaa.org/eligibility/TransferBylawGuidance.htm to assist schools for 2014-15 SY • All principals and athletic administrators received notification of these changes on May 28, 2014.

5. Other Resources on the web • Residence Bylaws - http://ohsaa.org/eligibility/ResidencGuidance.htm • Scholarship Bylaws - http://ohsaa.org/eligibility/ScholarshipGuidance.htm • Enrollment and Attendance Bylaws - http://ohsaa.org/eligibility/EnrollAttendGuidance.htm • Recruiting Bylaws - http://ohsaa.org/eligibility/4-9GuidanceRecruiting.pdf • Amateur Bylaws - http://ohsaa.org/eligibility/4-10GuidanceAmateur.pdf

6. The Basic Rule – 4-7-2 • Question: Who is a transfer student? • Answer: A student who changes high schools after establishing eligibility by • Playing in a contestprior to starting school in the fall of grade 9 • Attending any high school the first five days of grade 9

7. Bylaw 4-7-2 • Question: What is the penalty or consequence if a student transfers high schools? • Answer: The student is ineligible for all contests until the first 50% of all regular season contests have been competed in ANY sport that the student played in the previous 12 months.

8. Questions about the Penalty • Can the student practice/train? • Yes, but no participation in any contests until the end of the 50% period. • What does 50% mean? • Cannot play in any contest until the first half of the regular season has passed. Eligibility restored on: • Game six in football • Match 12 in volleyball • Game 9 in soccer • Meet 9 in swimming/diving • Game 18 in ice hockey • Point 11 in wrestling

9. Questions about the Penalty • Does the penalty apply to all sports? • Yes. It applies to each OHSAA recognized interscholastic sport the student played at the former school(s) in the past 12 months. • What if the student didn’t play any sports at the former school? • Then there is no penalty, and the student is eligible insofar as transfer is concerned. • What if the student played in one J.V. scrimmage? Does that count? • Yes. Even one play in one scrimmage or any other contest no matter the level activates the transfer penalty.

10. Questions about the Penalty • Is there any paperwork required? • If the student meets an exception, there may be paperwork. • If the student does not meet an exception, he or she will sit out until the first 50% of the contests in his or her sport(s) have passed. • If the student did not play a sport in the past 12 months, no paperwork is required.

11. Summary of Changes to Transfer Bylaw 4-7-2 • Reduction in penalty for transfer from a full year no matter the student’s participation at the previous school to the 50% penalty ONLY if the student played that sport in the past 12 months. • Reduction of the exceptions from 12 to seven.

12. Parents’ Bona Fide MoveException 1 – Revised for 2014-15 • Parents move into a new school district – NOTE PLURAL • Triggers choice of either the public high school in the new district or any non-public high school – applies to moves from within state as well as from out of state • Move must be contemporaneous with the transfer • If both parents are not moving = ineligible for first 50% • Exceptions for single parents who are divorced or were never married or for those who are in the process of a legal termination of their marriage

13. Exception one • The change requires our office to determine: • If the move was indeed bona fide AND • If the parents’ move COMPELLED the student to transfer • We will make these determinations based on the information in the affidavit including the timeline.

14. Parents’ Bona Fide Move • What should the school administrator do? • Take your time to personally verify that a move has indeed taken place • Check with your admissions office, your central office, your school resource office, etc. to insure that the parents are indeed now residents of the new school district • Interview the parents • Attempt to gauge whether the move compelled the transfer • Insure the parents (both parents if there is no divorce or legal separation) understand they both must move and maintain the residence for a minimum of one year • Review the Affidavit of Bona Fide Residence with the parents • Sign the front page along with both parents • Note that this front page includes names and grade levels of all students, date of transfer, the school from which the transfer occurs and the current year – 2013-2014 • Ask the parent to take the actual affidavit to a notary or provide your school’s notary public to the parent

15. Affidavit of Bona Fide Residence • Review the document after it is notarized • Check for answers to each question • Check for full addresses and school district notation in # 3 and #10 • Check to insure affiant has a new driver’s license or state ID and Voter Registration with the new address • Check to insure the document is signed by affiant (parent) and the notary • Check that #15 has been initialed or an explanation attached • Do not Send to OHSAA until all answers are verified, the affidavit is completed correctly and residence is verified • When Complete send to Lauren Prochaska • Be prepared to check on the residence periodically, document the visits, and do so at “off hours.” Keep records of these visits.

16. Recent Problems with the ABFR • Use of an out of date form • Move made prior to the last calendar year • Failure to initial or provide documentation on #13, 15, 27 & 28 • No Driver’s license/ID with current address - #21 • No Voter Registration (note that this does not compel the individual to actually vote) - #20 • No school administrator signature • No Affiant (parent) signature • Failure to disclose reason for move in #26 • Failure of school personnel to check up on the residence

17. Legal Change of CustodyException 2 – Revised for 2014-15 • This exception has been subdivided into two parts. • When a court-ordered change of custody between the student’s parents results in the student’s change of school district, this triggers: • Choice of the public high school in the new custodian’s school district • Choice of any non-public school • Requires an actual legal change of custody, not a Power of Attorney or an affidavit for school attendance

18. Legal Change of Custody Between Two Parents • What must the school administrator do: • Obtain the court order and insure that it is a legal change of custody signed by a judge or magistrate • If these parents formerly had a Shared Parenting Plan, insure that the Plan has been terminated and that the parent living in your district (or the new district) is the sole legal custodian – NOTE: The OHSAA does not recommend this action.

19. Note on Shared Parenting • Note: Re-designation of residential parent within a Shared Parenting Plan is NOT a legal change of custody • Although we never recommend this action, the only way that a change of custody can occur when parents have a Shared Parenting Plan is if the plan is terminated.

20. Exception two – Change of Custody Between Parents • Draft a letter to either Deborah Moore or Roxanne Price stipulating • The person named in the custody document is a resident of the new school district into which the student is moving • The student will live full time with that resident for one full year • The school from which the student is transferring • Include the petition for change of custody if available • Send a copy of the court order along with the letter

21. Change of Custody to a Non-Parent • What must the school administrator do? • Send a certified copy of the court order or agency placement changing the custody/guardianship to a non-parent or agency • Insure the document is signed by a judge, magistrate or agent of a protective services agency • Send a copy of the documentation accompanying the request for change of custody which clearly stipulates that the change is necessary due to the student’s adjudication as: • Abused, • Neglected, OR • Delinquent/Unruly

22. Change of Custody to Non-Parent • Send a cover letter stipulating the following: • High School from which the student is transferring • Verification that the person or agent named in the document resides in the new school district • Verification that the student will live with the new custodian full time for at least a year • In both scenarios, if the date of enrollment predates the change of custody order, this exception may not apply

23. Exception 3School Closes or Discontinues Programs after Grade 9 • This exception addresses three unusual situations • School Closing (provided the school was a member prior to the 12-13 school year) = eligibility at any school and no paperwork required. • School discontinues its program after grade nine = eligibility at any school and no paperwork required. • Districts consolidate or annex residences = eligible upon submission of board action.

24. Exception 4 -Self Support Exception 4 – Self Support • Student does not live with parents or relatives • Is financially self supporting and is not supported by family members – Required monthly earning is $500 – net funds. • May be ruled eligible upon approval of OHSAA every 30 days • Principal or AD to submit form found here: http://www.ohsaa.org/eligibility/forms/selfsupport.pdf

25. Exception 6 -Home not ready for Habitation • School must submit purchase agreement for new construction of the home. • We can rule the student eligible for up to 90 days. • In order to continue eligibility beyond 90 days, the parents must be residents of the district and complete an accurate Affidavit of Bona Fide Residence for a ruling.

26. Exception 7 – Anti-Intimidation, bullying, Harassment • If a student is a victim of harassment, intimidation or bullying and as a result, such activity has compelled a transfer, we may waive all or part of the 50% penalty provided: • The district’s policy has been strictly followed • The district provides us with a copy of the policy • The district secures releases from the student and family authorizing the complete record of the events and circumstances including:

27. Exception 7, cont. • A specific detailed report of the incident(s) • An outline of the procedures used to respond to and investigate the reported incident(s); • A copy of the findings that were a result of the complaint process and investigation; • A specific, detailed disciplinary procedure for any individual found guilty of harassment, intimidation or bullying;

28. Exception 7, cont. • All reports of notification to parents or guardians of any student involvement in the incident(s); • A report of the intervention strategies and remedial action the school has undertaken to assist the student and redress the complaint. • The district provides the Commissioner’s Office all the above

29. Intra district and System Transfers – Multiple High Schools • 4-7-4 – Public schools with attendance zones – during school year transfers • 4-7-6 – Public schools – transfer at beginning of year • Redistricting • Change in Academic Program which must be clearly described to the Commissioner’s Office • 4-7-7 – Non-public schools – transfer at beginning of year • Change in Academic Program – same as in 4-7-6 • Financial or transportation Hardships

30. Resource Center • Please see the Transfer Eligibility Resource Center on www.ohsaa.org home page or on the eligibility home page at • http://www.ohsaa.org/eligibility/TransferBylawGuidance.htm

31. Changes to Bylaw 4-3-1 – Enrollment and Attendance via Legislation • Attached to the budget bill were two sections that affect a student’s opportunity to participate • Home educated student whose parents livein your public school district • Shall be able to participate in any school sport without having to be enrolled and attend your school • Home educated student whose parents do NOT live in your public school district • May be able to participate in a school sport in another public school district if the superintendent permits it and the residential district schools do not sponsor the sport

32. Changes to Bylaw 4-3-1 – Enrollment and Attendance via Legislation • Students enrolled in a non-public school (chartered or non-chartered “08” school) • Shall be afforded the chance to play a sport in the school located in the district of residence of the parents – that school the student is entitled to attend if: • The non-public school of attendance does not offer that sport • Does not offer the non-resident student this opportunity for sports at any other public school. • Must be the residential public school

33. New Legislation – June 2014 • Now includes students who attend Community (AKA “charter” schools) and STEM schools • Eligible only at the public school in the parents’ district or attendance zone • Although law does not become effective until September, OHSAA is permitting schools to implement ASAP • Students must be eligible in all other aspects • Students will have to be counted on each high school’s EMIS count.

34. Mr. Steven L. Craig, Esq.Legal Counsel to the OHSAACanton, Ohioscraig@scraig-law.net

35. APPEALS • Appeals – by the numbers • During 2013-2014 Panel heard 51 Appeals over 13 scheduled dates • 31.4% (16 of 51) appeals were GRANTED • BREAKDOWN BY ISSUES: • Transfer: 32 (of which 9 were granted) • Scholarship: 10 (of which 3 were granted) • Recruiting: 2 (1 was granted) • Enrollment and Attendance: 4 (of which 3 were granted) • Age: 3 (of which 0 were granted) • Eligibility: 1 (denied)

36. REASONS WHY NUMBERS DOWN • 50% of sport vs. Full year • Less incentive to challenge • Support from the Courts

37. New Exception 7 • Product of Appeals and pleas to Office • Coaches discipline • Team hazing • Playing time • Necessitated by law • Concern: the new “Superintendent Agreement” excuse. • First time any knowledge of alleged bullying • After-thought

38. EXCEPTION 7 and the OCR • April 4, 2011 Dear Colleague Letter • Title IX and sexual harassment/sexual violence • http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201104.html • January 19, 2001 Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties – Title IX • 42 page Guidance modified by a 19 page Dear Colleague Letter. • Spring 2014 Obama Administration moves to showcase – transparency push

39. Title IX v. Anti-bullying • Title IX coordinator • Anti-harassment, anti-bullying liaison • Coordination of the two – compliance with both • Anticipated issues: • Sexting • Social media “harassment” • Remember – third parties (student on student)

40. PC Agenda - LGTB • Not just for California anymore • Coming to town near you • Already have several • Issues for OHSAA nominal as compared to you • Get to writing good policy NOW

41. Title IX- Revisited • Although never off the radar, Booster Clubs and their level of support along with equal conditions, prime-time, schedules etc. are returning to prominence and back in the cross-hairs • Expect much more activity in this area • Bleachers for Baseball – donated by boosters

42. UPDATES • Turn Key • E-ppe • Referendum Process • age

43. Jerry SnodgrassAssistant Commissioner

44. Welcome to the NO-CONTACT Period! August 3 – September 2

45. OHSAA “101” Constitution Only changed by YOU Bylaws Only changed by YOU NFHS Playing Rules General Sports Regulations Individual Sports Regulations Only changed by NFHS Only changed by BOARD of DIRECTORS

46. Concussions • Concussion Course now REQUIRED • It’s FREE at www.nfhslearn.com

47. Concussions • Return to play • AM 2809 • Authorizes licensed health care professionals who meet the education and continuing education requirements adopted by the Director of Health to assess and clear interscholastic and youth sports athletes for return to play following suspected concussions (in addition to the physicians and licensed health care providers authorized by current law)

48. Concussions • Protocols for Return to School/Class • Educate Teachers • Educate Coaches • Cognitive Rest

49. Administration of Games “Someone” at the School is Responsible for Game Management Game Management: Insure Safety of Officials Deal with Unruly Fans Handles Medical Emergencies Coordinates Crisis Management It Might be the Coach! TEACH THEM!

50. School Emergency PreparednessCrisis Management • Plan….Don’t Wait • Practice emergency situations • Train – Especially new/sub-Varsity coaches • De-brief and update