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OHSAA Administrators’ Update Fall Seminar 2010

OHSAA Administrators’ Update Fall Seminar 2010. Presented by the Ohio High School Athletic Association. Presenters. Dr. Daniel B. Ross, Commissioner Mr. Steven L. Craig, Legal Counsel for the OHSAA Dr. Deborah B. Moore, Associate Commissioner. Eligibility Update.

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OHSAA Administrators’ Update Fall Seminar 2010

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  1. OHSAA Administrators’ UpdateFall Seminar 2010 Presented by the Ohio High School Athletic Association

  2. Presenters • Dr. Daniel B. Ross, 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 the members • Service in the form of assistance in interpreting the bylaws • Major areas of inquiry • Scholarship Standards • Transfer of High School students

  4. Review of Scholarship Standards • New 7-8th grade standards – 4-4-4 & 4-4-5 • At the end of the first grading period of 2010-11 – must pass a minimum of five subjects that receive a grade or a P/F • All subjects taken in a grading period count • Standard was adjusted to align more closely with high school standard • Permit students to be eligible in a 7-course curriculum if failing two courses

  5. High School Standard • 4-4-1 – Must pass five one credit courses or the equivalent each grading period • Three exceptions • Senior in top 10% who has enough credits to graduate in preceding semester • Withdrawn or removed for injury or illness • Received an “Incomplete” due to injury, illness, family hardship or inclement weather Ineligible until ruled eligible by the compliance staff – Debbie Moore or Roxanne Price

  6. Transfer Eligibility • Major area of questions • OHSAA has developed a “Transfer Bylaw Resource Center” on the web site at http://www.ohsaa.org/eligibility/TransferBylawGuidance.htm to assist schools • All principals and athletic administrators received email guidance on most of the major transfer issues this summer

  7. The Basic Rule – 4-7-2 • If a student transfers high schools after establishing eligibility • Plays in a contest prior to school in the fall of grade 9 • Attends any high school the first five days of grade 9 • The student will be ineligible for all sports at the new school for one calendar year • Transfer means to change schools at any time after establishing eligibility as a 9th grader

  8. Parents’ Bona Fide MoveException 1 • Exception one of Bylaw 4-7-2 • Parents move into a new school district • Triggers choice of either the public high school in the new district or any non-public high school • Move must be contemporaneous – within the last calendar year • Note “Parents” – plural • Note: Residence Bylaw 4-6-1 defines a Bona Fide Change of Residence

  9. Parents’ Bona Fide Move • What should the school administrator do? • Interview the parents • Check custody documentation – Q #12 on the Affidavit • Review the Affidavit of Bona Fide Residence with the parents • Sign the front page along with both parents • Ask the parent to take the actual affidavit to a notary • Review the document after it is notarized • Send to OHSAA • Be prepared to check on the residence periodically, document the visits, and do so at “off hours”

  10. Major Problems with the ABFR • No custody information supplied - #12 • Move made prior to the last calendar year - #8, #13 • No Driver’s license/ID with current address - #17,#18 • No Voter Registration (note that this does not compel the individual to actually vote) • No school administrator signature • Failure of school personnel to check up on the residence

  11. Legal Change of CustodyException 2 • Exception two of 4-7-2 • When a court-ordered change of custody 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

  12. Legal Change of Custody • 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 • 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 • Send a copy of the court order along with the letter

  13. Legal Change of Custody • Note: Redesignation of residential parent within a Shared Parenting agreement is NOT a legal change of custody • Attorney Craig will provide additional guidance on this concept in accordance with Ohio law

  14. Bona Fide Move of a parent in Shared parenting - Exception 3 • The only exception that mentions shared parenting • Allows for eligibility when either one of the parents in this agreement (both have legal custody) makes a bona fide move to a new public school district • Requires the ABFR • Triggers the choice of public school in the district of either parent or any non-public school • The same criteria as in exception 1 apply

  15. School Closes – Exception 4 • Single Public or any non-public school closes • Immediate transfer eligibility at any member school • No ruling required • Multiple Public High School District – This exception does not apply to a school closure • Schools that discontinue high school after grade 9 • Immediate transfer eligibility and no ruling required

  16. Transfer to Residential High School – Exception 6 • Permits one transfer into the high school in the parents’ district of residence • Requires a form but no ruling • If the student starts grade 9 in the residential district of both parents or one parent in a shared parenting agreement, there is no exception six option

  17. Transfer to Non-Public High School – Exception 7 Scenario #1 - Transfer back into the same nonpublic school after using Exception 6 • Started grade 9 in a nonpublic school • Used Exception 6 to transfer to the residential public school • May return to the same nonpublic school provided he/she continuously attended a school in the same system (Independent, Catholic, Christian, etc) from grades 6-8 (demonstration of commitment) • Student must be ruled eligible by OHSAA

  18. Ex. 7 Continued Scenario #2 - Transfer into anonpublic high school no later than the beginning of the sophomore year under the following conditions: • Started grade 9 in the residential public high school • May transfer into a nonpublic high school within the same system (independent, Catholic, Christian, etc) in which the student continuously attended from grades 6-8 (demonstration of commitment) • Student must be ruled eligible by OHSAA

  19. Self Support – Exception 8 Exception 8 – 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 $350 – 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

  20. Home not ready for HabitationException 10 • School must submit purchase agreement or other documentation for a ruling

  21. Return from Domestic ExchangeProgram – Exception 12 - New • Program is academic/educational • Student receives credit • Athletic participation, if any, is secondary to the program • Structured beginning and ending • Must be declared eligible upon return • Use form at http://www.ohsaa.org/eligibility/ByLaw4-7-2_Exc12.pdf

  22. 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 • 4-7-7 – Non-public schools – transfer at beginning of year • Change in Academic Program • Financial or transportation Hardships

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

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

  25. LEGALLY SPEAKING… • Transfer Bylaw – most frequently asked questions in the Commissioner’s office • Tendency to look at exceptions as the rule rather than the exceptions to a rule • Bottom Line – student who is not an incoming 9th grader and is transferring to your school - RED FLAG

  26. TRANSFER EXCEPTIONS • Currently 12 • Most contain phrase – “…Ineligible until ruled eligible by the Commissioner’s office” • Submission of required documentation and ruling – not merely a bureaucratic formality • Important and necessary step in the eligibility process • Must pass the “SMELL TEST” – ex. ABFR

  27. INTERPLAY OF EX. 2 AND 3 • Exception 2 – Change of Custody • Exception 3 – Bona Fide Move of a parent in a shared parenting agreement • Typical Scenario • Parent comes to enroll student • Tells you he/she has custody and student lives with him/her • Shows you court document • Looks official; relates to divorce/dissolution, time stamp, judge’s signature

  28. CHANGE OF CUSTODY, CONT. • Document may read: “Father shall have custody of [student] who shall reside with father. Mother shall have reasonable visitation but shall, at a minimum, have rights as set forth…”. • When the school and the OHSAA staff recognize the change of custody – the student may be ruled eligible via exception 2

  29. THE RUB • Before we can rule, more information is required • Did the parents have a shared parenting plan? • Many times the limited information provided is not enough • Why is it important to know if the parents have shared parenting vs. sole custody? • Ex. 3 is the only exception addressing shared parenting and requires one parent to make a bona fide move • If shared parenting plan is still in effect, - notwithstanding a reallocation of parenting rights - ex. 2 can never apply as there is no change of custody

  30. O.R.C. 3109.04 (L)(6) • Stipulates that if the court order provides for shared parenting, each parent, regardless of where the child lives is the residential parent and legal custodian • Therefore, as long as shared parenting remains in effect, there can be no change of custody to trigger exception 2 • The language of these exceptions is carefully crafted to prohibit students moving back and forth from parent to parent to gain athletic eligiblity

  31. CONTRACTS/CONTRACTING • When was the last time your district reviewed its contracts? • How about an inventory of who is authorized to and does sign those contracts? • What training has been provided? • Legal issues • Philosophy of the school

  32. OFFICIALS CONTRACTS • Myohsaa online contracts changed to add language that is legally consistent • League Commissioner and assignors assume many of these duties • Contemporaneous issues • Fee setting by schools and officials • Future dates for service – too many years out • Consequence for failure to report

  33. GAME CONTRACTS • OHSAA is updating game contract forms • Past form was short on specifics as to terms • Pay attention to the “Liquidated Damage Clause” of the form agreement • Develop position regarding game cancellations in accordance with circumstances • Consider football developing trends • Consider school funding and suspension of sports programs

  34. THIRD PARTY REVENUECONTRACTS • Business Model – Changing from ticket revenue to expanding sources such as sponsorships, radio/TV, etc. • Sponsorship Contracts - school personnel may have no idea of “price points” and are relatively inexperienced in this realm • Identify your inventory • Identify your philosophy/objectives • Negotiate “price points” (short term recommended) • Collections?

  35. MEDIA CONTRACTS • Starved for content – THEY WILL P AY YOU! • Remember • They have the expertise in this area • Don’t let them “poor mouth” – they would not want to do your contests unless there was a profit to be made • Protect your copyright • Establish payment terms – how much and when due • Internet Streaming – newest method • Once it is “out there,” it is out there forever • Choose your partners wisely

  36. LEAGUES • Most schools belong to leagues • Constitution and Bylaws are contracts and governed by contract law • League enter into contracts that affect revenue • Everyone should be on the same page with these contracts • League schedules as posted become game contracts • Are your contracts in order • Dr. Ross is working with league commissioners to assist with this document development and production

  37. BUSINESS MODEL CHANGES • Scenario: • 20 basketball game schedule with half home games • “Staffed” by parents/boosters who take tickets, sell programs, usher, work scorers table, host teams/officials, sell concessions • Staff “paid” a nominal sum – ex. $10/game = $200 • Check would be issued at the end of a season

  38. BUSINESS MODEL CHANGES • 2008-2009 – Feds estimate a loss of 7-9 BILLION $ in tax revenues due to “misclassified” workers – workers classified as independent contractors rather than employees • As a result – Feds have allocated $25 Million extra to IRS to “find” these misclassified workers • IRS – has made it easier for employers to classify workers by simplifying the analysis into three factors • Behavioral Control • Financial Control • Type of Relationship

  39. WHAT DOES THIS MEAN TO ME? • Ohio Bureau of Workers Comp has already determined that the following individuals are “Reportable” for payroll purposes: • Special event workers: ticket takers, security and parking attendants; non-certified officials, other workers including paid student help; off-duty law officers hired for security • Non-Reportable workers • Licensed sports officials

  40. TAXES, TAXES AND MORE TAXESTHINK ABOUT IT! • 828 member high schools in OHSAA • If none of these schools paid taxes on or for these workers and the workers are determined to be employees • Back tax liability is a three year “look back” • Penalties could be huge • Incentive to collect is huge • Please make these changes now!

  41. GOOD BOARD POLICIES • Best way to protect your school – institute good Board policy now • Does your school have Board policy that addresses • Electronic communications between coaches, staff and students? • Hazing? • Sexting? • Face Book and other social networking sites? • Blogging?

  42. BOARD POLICIES, CONT. • Concussion Policy • Dr. Ross will discuss this important issue • OHSAA in concert with legal experts and professional organizations will develop a template policy for your Board in relation to the RTP protocol for a student who may have sustained a concussion • We must reinforce the notion that interscholastic athletics participation is a PRIVILEGE and not a RIGHT • Do you and your staff treat this participation as a privilege and do your written documents reflect the concept?

  43. Dr. Daniel B. Ross, Ph.D.Commissionerdross@ohsaa.org

  44. District Completely DiscontinuesSports Programs – Exception 11 • Superintendent formally notifies the OHSAA in writing • Transfer may occur at anytime after the sports programs are discontinued • Transfer back to the high school must take place prior to the start of the next school year following the school year in which resumption of sponsorship of interscholastic programs occurred • Must be ruled eligible by OHSAA

  45. What is a Concussion? A concussion is a mild traumatic brain injury that interferes with normal function of the brain Evolving knowledge “dings” and “bell ringers” are serious brain injuries Do not have to have loss of consciousness Only 4% in Football- 2009 Young athletes are at increased risk for serious problems

  46. What is a Concussion? A concussion is a mild traumatic brain injury that interferes with normal function of the brain Evolving knowledge “dings” and “bell ringers” are serious brain injuries Do not have to have loss of consciousness Only 4% in Football- 2009 Young athletes are at increased risk for serious problems

  47. Extent of the Problem Professional athletes get a great deal of attention 1,600 NFL players Much more common in high school than any other level- due to large number of participants HS Sports Participants Football- 1.14 million Boys Soccer- 384,000 Girls Soccer- 345,000 Boys Hoops- 545,000 Girls Hoops- 444,000 NFHS 2008-09

  48. Extent of the Problem 9% of all sports injuries 19.3% of all Football injuries in 2009!!! Likely at least 140,000 concussions in HS athletes yearly based on High School RIO estimates

  49. Not Just a Football Problem Injury rate per 100,000 player exposures Football 52 Girls’ Lacrosse 39 Girls’ soccer 35 Boys’ Lacrosse 32 Wrestling 22 Girls basketball 20 Boys’ soccer 17 Softball 15 Boys basketball 7 High School RIO 08-09

  50. Concussions Dominant sports and health topic Medical community not driving the agenda Easy to understand problem/solution Huge media focus New Yorker- Malcolm Gladwell New York Times- Alan Schwarz Sports Legacy Institute 60 Minutes Parents of injured/deceased athletes

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