OHSAA Administrators’ UpdateFall Seminar 2014

Presented by the Ohio High School Athletic Association

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

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

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.

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

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 contest prior to starting school in the fall of

grade 9– Attending any high school the first five days of grade 9

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.

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

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.

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.

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.

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

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.

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

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.

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

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

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.

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.

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

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

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

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.

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

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.

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:

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;

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

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

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

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 live in 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

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

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.

Mr. Steven L. Craig, Esq.Legal Counsel to the OHSAA

Canton, Ohioscraig@scraig-law.net

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)

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

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

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

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)

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

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

UPDATES• Turn Key

• E-ppe

• Referendum Process– age

Jerry SnodgrassJerry SnodgrassAssistant CommissionerAssistant Commissioner

Welcome to the Welcome to the NO-CONTACT NO-CONTACT Period!Period!

August 3 – September 2August 3 – September 2

45

OHSAA “101”OHSAA “101”

BylawsBylawsOnly changed by Only changed by YOUYOU

Individual Sports RegulationsIndividual Sports RegulationsGeneral Sports RegulationsGeneral Sports Regulations

Only changed by BOARD of DIRECTORS

ConstitutionConstitution

Only changed by Only changed by YOUYOU

NFHS Playing RulesNFHS Playing Rules

Only changed by NFHS

Concussions• Concussion Course now REQUIREDConcussion Course now REQUIRED• It’s It’s FREEFREE at at www.nfhslearn.comwww.nfhslearn.com

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)

Concussions• Protocols for Return to School/Class

– Educate Teachers

– Educate Coaches

– Cognitive Rest

““Someone” Someone” at the School is Responsible for Game at the School is Responsible for Game ManagementManagement

Game ManagementGame Management::

Insure Safety of OfficialsInsure Safety of Officials

Deal with Unruly FansDeal with Unruly Fans

Handles Medical EmergenciesHandles Medical Emergencies

Coordinates Crisis ManagementCoordinates Crisis Management

It Might be the Coach!It Might be the Coach!TEACH THEM!TEACH THEM!

School Emergency PreparednessSchool Emergency PreparednessCrisis ManagementCrisis Management

• Plan….Don’t Wait

• Practice emergency situations

• Train – Especially new/sub-Varsity coaches

• De-briefDe-brief and update

Officials’ SafetyOfficials’ Safety• Safety concerns for officials –

–TO and FROM Parking Areas–Before AND AFTER AND AFTER the contest

• Fans ejected/banned

• Soccer officials fatalities

Part of the PLAYING RULES

Why Ejections Are NOT “Appealable”

Rating & Voting for OfficialsRating & Voting for OfficialsAn Important Part of the Tournament Selection Process

- Always 1 Year in ‘behind’

- Applications Emailed to all ELIGIBLE Officials

- All Coaches Must RATERATE Officials

- Others are provided opportunity to VOTEVOTE for Officials• Athletic Directors• Officials Association Secretaries• District Athletic Board Members• Assignors• OHSAA Administrative Staff

Coaches RATERATE Others VOTEVOTE

OHSAA UMPIREBest Umpire

Click on

“Officials Rating Instructions

Competitive Balance Update

• What are we doing?– Meet with D-I group September, 2014 – Meet with Competitive Balance Subcommittee

8/20/14– Meet with Competitive Balance Committee 10/2/14– Meet with on-line data collection group August, 2014– Meet with Compliance Support 8/26/14– Prepare for pilots in 2015

Non-Interscholastic RuleNon-Interscholastic Rule• Number 1 Sport Regulation Question & Violation• NO Non-Interscholastic Play While Member of the

School Team• “College ID Camps”, College Workouts Included

Only When Season Complete!Only When Season Complete!

Individual InstructionIndividual InstructionGeneral Sports Regulation General Sports Regulation

8.28.2

Necessary to understand the definition of INDIVIDUAL Necessary to understand the definition of INDIVIDUAL INSTRUCTION……..INSTRUCTION……..

Individual Skill Instruction – NOT Team ConceptsIndividual Skill Instruction – NOT Team Concepts

No more than FOUR (4) IndividualsNo more than FOUR (4) IndividualsNOT to be confused with Open Gyms/Facilities & Weight NOT to be confused with Open Gyms/Facilities & Weight TrainingTraining

This is NOT a Workout RegulationThis is NOT a Workout RegulationPassed as a permission for SCHOOL coaches to instruct Passed as a permission for SCHOOL coaches to instruct

INDIVIDUAL skills outside the seasonINDIVIDUAL skills outside the season

Previous OHSAA Regulations did not permit thisPrevious OHSAA Regulations did not permit this(except during June and July only)(except during June and July only)

Heat Acclimatization

• PREVENT issue before they happen• KNOW the signs/symptoms• REQUIRE the FREEFREE Course• “Give ‘em a Break”!• 5 day acclimatization for FB

– New Players also (Junior High, Freshmen, Kickers

Booster Club Issues• Financial concerns

• “Get your hands around them”

• Training

• Remember “They are there to support you”

Booster Club Issues• Financial concerns

• “Get your hands around them”

• Training

• Remember “They are there to support you”

Other Informational ItemsOther Informational Items• State Tennis to Lindner Center in Mason

• Fall of 2015

• State Football to Ohio Stadium– December 4-6, 2014

October 7, 2014

Ohio Student Union

The Ohio State University

OHSAA Foundation Leadership Conference

got questions?

Thank You Dr. Dan Ross Dr. Dan Ross

Dr. Deborah MooreDr. Deborah MooreMr. Jerry SnodgrassMr. Jerry Snodgrass

Mr. Steven CraigMr. Steven CraigHave a GREATGREAT school year!