OHSAA Administrators’ Update Fall Seminar 2015

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 Follow us on Twitter – @OHSAASports – @DMooreDeborah

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; 2015 added three new exceptions OHSAA has updated the “Transfer Bylaw Resource Center” on the website at http://www.ohsaa.org/eligibility/TransferBylawGuidance.htm

to assist schools for 2015-16 SY All principals and athletic administrators received notification of these changes on May 22, 2015.

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

grade 9, OR prior to starting school in the fall of – Attending any high school the first

five da

ys of grade 9

Bylaw 4-7-2

• •

Question: What is the consequence if a student transfers high schools?

Answer: The student is ineligible for all contests until the first 50% ANY sport of the maximum allowable regular season contests have been competed in that the student played in the previous 12 months at any high school .

• •

Questions about the Consequence

Can the student practice/train?

– Yes, but no participation in any contests including scrimmages, preview, Foundation game, Jamboree until the end of the 50% sit-out period.

What does 50% mean?

– Cannot play in any contest until the first half of the maximum allowable regular season contests have been competed.

Sport Maximum Allowable Contests in All OHSAA recognized sports and Formula for Determining Eligibility under the 50% Transfer Consequence Maximum # of Contests as per the OHSAA Board Transfer Student Ineligible Until Baseball Basketball (Boys and Girls) Bowling Cross Country (Boys and Girls) Field Hockey Football Golf Gymnastics Ice Hockey 27 Games 22 Games 24 Matches 16 Meets 16 Games 10 Games 18 Matches 14 Meets 35 Games Game 14 Game 12 Match 13 Meet 9 Game 9 Game 6 Match 10 Meet 8 Game 18

9

Sport Soccer Softball Swimming and Diving(Boys and Girls) Tennis (Boys and Girls) Track and Field (Boys and Girls) Ice Hockey Soccer (Boys and Girls) Softball Swimming and Diving(Boys and Girls) Tennis (Boys and Girls) Track and Field (Boys and Girls) Volleyball Wrestling Maximum Allowable Contests in All OHSAA recognized sports and Formula for Determining Eligibility under the 50% Transfer Consequence Maximum # of Contests as per the OHSAA Board Transfer Student Ineligible Until 16 Games 27 Games 16 Meets 22 Matches 16 Meets 35 Games 16 Games 27 Games 16 Meets 22 Matches 16 Meets 22 Matches 20 Points Game 9 Game 14 Meet 9 Match 12 Meet 9 Game 18 Game 9 Game 14 Meet 9 Match 12 Meet 9 Match 12 Point 11

10

• • •

Questions about the Consequence

Does it 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 transfer issue, 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 consequence.

•

Questions about the Consequence

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 maximum allowable regular season contests in his or her sport(s) have been played/competed.

– 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% sit-out ONLY if the student played that sport in the past 12 months.

Reduction of the exceptions from 12 to the current 10.

Addition of language exempting students in non-public schools and in STEM/community schools from the 50% sit out if they play one sport for the public school and then play another for their school of enrollment.

• • • •

Parents’ Bona Fide Move Exception 1 – Revised for

2015-16

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.

Kristin Ronai, at [email protected]

does the intial review of all affidavits in support of ex. #1.

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 Be prepared to check on the residence periodically, document the visits, and do so at “off hours.” Keep records of these visits.

Legal Change of Custody Exception 2 – Revised for 2015-16

• • • 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 ensure that it is a legal change of custody signed by a judge or magistrate – If these parents formerly had a Shared Parenting Plan, ensure 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 agreement 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 3 School 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

• • •

Exception 8 – Transfer to an IB school

Permits a waiver of the 50% sit-out when a student transfers to a school to enter the International Baccalaureate Program Must obtain a ruling following the guidance here: http://www.ohsaa.org/eligibility/4-7 2Guidance_Exc8.pdf

If the student drops out of the IB program, shall be immediately ineligible 29

• • • • • •

Exception 9 – Transfer to residential public high school

One time option Parents must have resided in the district for a year Not applicable between schools in a multi-HS district Cannot be used to go from the district of one parent to that of the other Requires submission of a form to Kristin Ronai – http://www.ohsaa.org/eligibility/forms/Bylaw4-7 2_Exc9.PDF

30

• • • •

Exception 10 – District completely discontinues all sports

Requires formal BOE action Permits transfer to any school when all sports are dropped Allows a transfer back if sports are resumed Requires a formal ruling with submission of all documentation.

31

• • •

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/TransferBylawGuida nce.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 school district student whose parents live in your public • 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

• • •

Additional Legislation – June 2014

Now includes students who attend Community (AKA “charter” schools) and STEM schools – Eligible only at the public school in the parents’ residential district or attendance zone Students must be eligible in all other aspects Students

will not be

counted on each high school’s EMIS count, and the OHSAA will study this procedure during the 2015-16 school year.

• • • •

Major Change to High School Age Bylaw 4-2-1

As soon as the student turns 20 =

ineligible

at the high school no matter when this occurs in a season.

Change from 19 prior to August 1.

Means that no students, except those with severe disabilities, will be participating after age 20.

Semester bylaw – eight – remains intact.

• •

Issues to Address in terms of this change to the HS age bylaw

No changes were made at the 7-8 th grade level What do we do with the MS student who is too old at the 7-8 th grade level and cannot meet an exception?

– Remain in grade 8 as an ineligible student?

– Force participation at the HS level and the start of the 8 semesters?

– Change the age limit at the 7-8 th grade level?

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Mr. Steven L. Craig, Esq.

Legal Counsel to the OHSAA Canton, Ohio [email protected]

2014-2015 IN REVIEW Infractions and Litigation

•

APPEALS PANEL

– Once again at the June meeting BoD re-established an Appeals Panel for 2014-2015 (action required annually) – Last year the Panel heard 71 appeals on 15 scheduled dates • Panel heard 51 appeals in 2013-2014 – Breakdown of Appeals • Transfer – 49 (10 granted; 20.4%) • Scholarship – 8 (1 granted: 12.5%) • Enrollment & Attendance – 5 (1 granted; 20%) • Residence – 3 (1 granted; 33.3%) • Recruiting – 2 (1 granted; 50%) • Falsification – 4 (1 granted; 25%) • International and Exchange Student – (0 granted)

Note:

1 appeals presented 2 issues thus 72; 2 transfer appeals tabled for Referendum.

– 15 of the 71 Appeals granted (21.1%) – “Process” has gained respect of nearly everyone, especially the courts.

– Panelists are extremely conscientious and good!

Panel approved for 2015-2016 dates for hearing set forth on OHSAA website.

Trends:

•

Regarding Appeals

– 50% is becoming the “new normal” • As compared to one full year sitting out, half of the season looked pretty good • Now half the season is taking on the role of one full year and sitting out one half of the season is unacceptable.

• FALSIFICATION!

– Issues over statutory language and meaning – Who gets to play on what teams.

Trends, cont.

–

INFRACTIONS

• Non-interscholastic participation during high school season • Exceeding contest limitations.

LITIGATION REVIEW

• Despite changes in transfer bylaw, more litigation than in any single year • Likewise, unlike any year before, the participation, cooperation and advocacy support from the member schools involved in all litigation was exceptional.

Litigation Review

–

Steines –

began in July 2014 represented and ADA challenge to the in-state residency requirements of bylaw 4-6 • Ky. residents claimed that waiver of the residency requirement was a “reasonable accommodation” required by the ADA • From the outset Commissioner’s Office maintained that there was no nexus, no connection between the student’s ADD and the sought after “accommodation”

i.e.

that the sought after accommodation did not assist the individual in overcoming his disability.

• July 29, 2015 Court issued final decision denying permanent injunction and essentially agreeing with every aspect of the Commissioner’s Office decision/rationale.

Litigation Review

•

Lewis –

an example of what I reported last year as “litigation funny business” – Pl. was a 5 th year senior who, in his first 3 years of school managed to pass 11 of the 21 ½ credit hours he had attempted; in his 3 rd year, he was either tardy or absent over 50 % of the school days.

– In November of 2014 he went to a physician as a “new patient” with complaints of tendonitis of the knee and came away w/ an ADD diagnosis; “mom” = school psychologist – School determined he was not a candidate for the ADA exception to 8 semester bylaw.

Litigation Review

•

Lewis

– Court ordered Commissioner’s Office to process waiver request w/o school – acknowledged why school could not make request – All Administrators and coaches in the competitive league offered that the student’s participation would adversely impact the principles of competitive equity.

– Court granted preliminary injunction – Argued in the 5 th 7/30/2015.

Appellate District Court of Appeals

Litigation Review

• • 2 Court challenges to the “bullying” exception to the transfer bylaw – Successful – Schools, both from which and to which student transferred took the lead!

– 2 very good court decisions; BS will not fly!

Falsification case in which student declared ineligible but team was permitted to proceed through playoffs due to the falsification issues

Litigation Review

• • • Age case which precipitated referendum issue on May’s ballot Numerous near misses with teams being removed from playoffs due to exceeding contest limitations Thomas – which brings us full circle with our in state residency issues and the cases with which we started last year.

– Twisted interpretation of ORC 3313.5311

– Trial court threw the case out on summary judgment – Pending appeal – brief due 8/5/15

Litigation A Look Ahead

•

Concussion and the IHSAA litigation

– Class action (not yet certified) – No known injury proximately caused by impact/concussion – Key component of this litigation is the medical monitoring of “the class” of athletes to maybe determine if there are any long term effects to head trauma/concussion and symptoms later in life.

– Reduction in exposure to impact – Dr. Ross

Litigation – A Look Ahead

• Science/medical knowledge in concussion related cases is ever changing – Standard of Care issues evolving – NFHS and its publication of its “recommendations” arguably establishes a standard of care to which one may well be held.

• ePPE – Privit Profile – Same standard of care issues with pre-participation physicals.

Litigation – A Look Ahead

• Privit Profile – Electronic collection and storage of data – Most complete, accurate, comprehensive history/record – Secure – 24/7/365 accessible (update, diagnosis and treatment) The standard of care – particularly for those injuries where timeliness of importance.

Litigation – A Look Ahead

• Unified Sports programs – Illinois settlement with Ill. State’s Attorney General – OCR and its next big push • Transgender – No gender identity

Next “UP” - Drones

• • • “Unmanned Aircraft System” (UAS) Commercial – Proposed Rules for Commercial Operation Recreational Use – FAA Modernization and Reform Act 2012 • Aircraft is flown strictly for hobby or recreational use • Aircraft is operated in accordance with community-based set of safety guidelines and within the programming of a nationwide community-based organization

Drones

• • • • The aircraft is limited to not more than 55 pounds unless otherwise certified through a design, construction, inspection, flight test, and operational safety program administered by a community-based organization Aircraft operated in a manner that does not interfere with and gives way to any manned aircraft When flown w/in 5 mi. of an airport, the operator provides airport operator and air traffic control tower w/ prior notice of operation The aircraft is flown w/I visual line sight of the operator.

Drones

• • • Safety Privacy Grounding the aircraft

Dr. Daniel Ross Commissioner

Concussions

•

NFL and NCAA

– Ongoing issue – Many new people this year--do not assume they are aware of the concussion guidelines – Legislative concern • Return to Play • Return to Learn

Concussions

• Protocols for Return to School/Class – Educate teachers – Educate coaches – Cognitive rest

Concussions

• Football Contact Guidelines – – Task force recommendations – July 14 • Bryan White – Task Force Member Drafts to states in Fall 2014 • Final Draft in Spring 2015 – NATA & NFL Seminar on Concussions – Spring 2015 • Dr. Moore/Dr. Randy Wroble, Chair, Ohio Sports Medicine Advisory Committee

Concussions

• Football Contact Guidelines – Presentations with football coaches in regions and at their clinics – 2014-15 • Beau Rugg – Sports Medicine Advisory Committee • Reviewed and recommended the guidelines submitted by the task force – Summer 2015

Concussions

• Football Contact Guidelines – Doctors and trainers have made changes due to the research – Coaches will need to change to maintain the safest climate for our student athletes to participate

Concussions

• Football Contact Guidelines – These contact guidelines deal with: • Individuals • Cumulative effect of contact • Recovery time

Concussions

• Illinois Lawsuit – Follow your guidelines--follow the rules – Train your personnel – Train parents/athletes – Document what you have done

Concussions

• Lawsuit Requests – Trainer at all contests – Impact tests for all athletes – Reduce the amount of contact – Gap-insurance coverage – Limitations on contact

•

Competitive Balance Update

What are we doing?

– Meet with group of ADs to discuss format for rosters/one stop shop – Meet with companies to review proposals for service – Working to ensure that this process is user friendly

•

Competitive Balance Update

What are we Doing?

– Working to ensure that the system works as designated – Possibility of delaying implementation until 2017

Fall Committees

• Business Rules for Community Schools – Review method for counting community students • Cross Country Organization – Review combination of boys/girls

Fall Committees

• Emerging Sports – – Lacrosse 2016-2017 8-Man Football – Archery • OHSAA Review Committees – 4 Committees to review our business

Officials Safety

• You do not play the game without officials • Safety concerns for officials – ingress/egress from field/court • #1 reason officials leave the game

Officials Safety

• Issues with soccer officials/football officials • Encourage athletes who are not going to participate in college to be involved in the officiating ranks

Emergency Action Plan

• • You should have received a copy of the EAP this summer.

Please be sure to review and practice these procedures!

75

School Emergency Preparedness

• Plan – Anyone Can Save-A-Life was mailed to member schools in early August • Practice emergency situations after school so student athletes/coaches know what to do when an emergency occurs

School Emergency Preparedness

• Train • • De-brief and update Keep records – Field Representatives will check with you

Booster Club Issues

•

More issues in the past year primarily

•

Financial concerns

•

“Get your hands around them”

Booster Club Issues

•

Training

•

Remember “They are there to support you” – “They work for your programs and your student athletes”

Compliance Support (Field Reps)

• Purpose • Duties • Retired Athletic Administrators/ Principals/Superintendents • Started in Fall of 2014/Visits will continue in 2015-16

HB 487

• Attendance of community school students – Participate in district of residence of parents – Similar to HB 59 – Not Included in EMIS count – Committee in Fall to review the best method to count these students

•

Other Issues

State Tennis to Lindner Center in Mason – Fall of 2015 • State Football to Ohio Stadium – – December 3-5, 2015 December 1-3, 2016

Heat Acclimatization

• These injuries can be prevented/educate your staff • Proper knowledge of hydration • Opportunity for pre-determined breaks • Football: mandatory 5 day acclimatization

Legislative Issues

•

Educational Choice

•

Restrictions on Choice

•

Community Schools

•

Governance of High School Sports

Education-Based Athletics

• Integral part of a well-rounded education • Educational mission varies from AAU/Travel/Elite/JO – Teams • Creates conflict between philosophies of schools/coaches/parents • Real question: where will high school athletics be or what will they look like in 10-20 years?

Foundation Leadership Conference

October 6, 2015 Ohio Student Union The Ohio State University

•

Drug abuse is a public health epidemic in Ohio and across the nation.

•

In 2014, Ohio launched

Start Talking!

drug use before it starts to prevent youth

•

Why? Research shows youth are up to 50 percent LESS LIKELY to use drugs when parents and other adults talk with them about substance abuse

•

Start Talking! provides parents and other adults with free, simple resources to get the conversation started.

Components of

Start Talking!

Parents360 Rx is a community education program that arms parents and other adults with knowledge on the dangers associated with prescription drug abuse. Know! tips are FREE bi-weekly email messages for parents that include relevant information on drugs and alcohol and tips on talking to youth about substance abuse. Know! also offers free tips for educators and community leaders on TEACHable Moments that can help reinforce the prevention message. 5 Minutes for Life is a partnership between Ohio State Highway Patrol, Ohio National Guard, OHSAA and local law enforcement officers. Uniformed officers talk to student athletes before or after practice about responsible decision making, leadership, and encouraging those in their peer groups to live a drug-free lifestyle.

Visit StartTalking.ohio.gov

for more information

Questions?

Thank You Dr. Dan Ross Dr. Deborah Moore Mr. Steven Craig

Have a great school year!