OHSAA Administrators’ Update Fall Seminar 2017

OHSAA Administrators’ UpdateFall Seminar 2017 Presented by the Ohio High School Athletic Association

Presenters • Dr. Daniel Ross, Executive Director • Dr. Deborah B. Moore, Senior Director of Compliance and Sports Medicine • Mr. Steven L. Craig, Legal Counsel for the OHSAA • 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 Bylaw • Enrollment and Attendance Bylaw – Focus on the Non-Enrolled Student and Business rules for assignment to member schools for athletics participation

Transfer Eligibility – 4-7 • Major area for questions • A little history • 2013 Referendum approved fundamental changes to the transfer bylaws • 2014 made some ed. changes and created one new exception; • 2015 added three new exceptions • 2016 provided additional clarification and a chart to aid in understanding the 50% rule • 2017 – Seven different items including a new exception and changes to other bylaws within section seven

Transfer, cont. • OHSAA has updated the “Transfer Bylaw Resource Center” on the website at http://www.ohsaa.org/Eligibility/Transfer to assist schools for 2017-18 SY • All principals and athletic administrators received notification of these changes on May 21, 2017.

Other Resources on the web • Residence Bylaws - http://www.ohsaa.org/Eligibility/Residence-Bylaw-Resource-Center • Scholarship Bylaws - http://www.ohsaa.org/Eligibility/Scholarship • Enrollment and Attendance Bylaws - http://www.ohsaa.org/Eligibility/Enrollment • International Student - http://www.ohsaa.org/Eligibility/International • Recruiting Bylaws - http://www.ohsaa.org/Eligibility/Recruiting • Amateur Bylaws - http://www.ohsaa.org/Eligibility/Amateur • Age Bylaws - http://www.ohsaa.org/Eligibility/Age • Conduct Bylaws - http://www.ohsaa.org/Eligibility/Conduct-Character-Discipline-Bylaw-Resource-Center

Bylaw 4-7-2 - Transfer This bylaw requires the administrator to determine the following:1. Is the student a transfer student? In other words, did the student change schools after establishing eligibility by playing in a high school contest prior to the start of the 9th grade or after the 5th day of the 9th grade year?

Transfer 2. Did the student play an OHSAA sport at ANY high school in the 12 months immediately preceding the date of transfer into the new high school? Get this information in writing from an administrator at the previous school or schools. Note that this could apply to a student who returns to the same high school at which the participation occurred during that immediately preceding 12 months.

Transfer 3. If the answer to both #1 and #2 is YES, then Does the student meet one of the 11 enumerated exceptions to this bylaw? • If yes – There may be paperwork required • If no – the student must prepare to sit out of all contests until the first 50% of the maximum allowable regular season contests have been competed in ANY sport the student played at ANY high school in the 12 months immediately preceding the transfer.

Maximum Allowable Contests in All OHSAA-recognized sports and Formula for Determining Eligibility under the 50% Transfer Consequence

Questions about the Consequence if the student does not meet an exception • 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. In certain sports that have quarter, half or point limitations, participation is further restricted to half of those limitations after the 50% sit out.

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 12 months immediately preceding the transfer. • 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. Be sure to check with the former school and get this in writing. • 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 of all contests 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.

Parents’ Bona Fide MoveException 1 – Revised for 2017-18637/879 – 16-17 • 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 • Exception– move of 100 miles or more allows for the choice of any public school. • 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 kronai@ohsaa.org does the initial 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.

Let’s Have A Look Here is the new ABFR http://www.ohsaa.org/Portals/0/Eligibility/forms/Affidavit-BonaFideResidence.pdf Click here for a checklist to assist in verification http://www.ohsaa.org/Portals/0/Eligibility/4-7-2Guidance_Exc1_CHECKLIST.pdf

Legal Change of CustodyException 2 – Revised for 2017-18 • This exception has been subdivided into two parts. • When a court-ordered change of custody between the student’s parents who live in two different school districts results in the student’s transfer to a a new high school school , 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 – (42 – 16-17) • 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(14 – 16-17) • 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 • Ensure 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 9 – Transfer to residential public high school(381 – 16-17) • 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/Portals/0/Eligibility/forms/Bylaw4-7-2_Exc9.pdf

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 – Seniors cannot be considered • 4-7-7 – Non-public schools – transfer at beginning of year • Change in Academic Program – same as in 4-7-6 – No seniors • Financial or transportation Hardships

Bylaw 4-3-1 – Enrollment and Attendance – The Non-Enrolled Student • State legislation over the past few years has changed the landscape of education-based athletics and thus this bylaw which reads: All students participating in a school-sponsored sport must be enrolled and attending full-time in accordance with all duly adopted Board of Education or similar governing board policies of the school. (1908) • State law identifies FOUR categories of non-enrolled students – Referenced in exception six of 4-3-1

Home Educated Student (excused by superintendent from compulsory attendance) • 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 • Shall be eligible in all other respects including academics, semesters, graduation status, age, etc. – MUST CHECK! • 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

Non-Public School Student • Student enrolled in a non-public school (chartered or non-chartered “08” school) • Shall be afforded the chance to play a sport in the public school located in the district of residence of the parents – that school the student is entitled to attend OR • The public school located in the school district in which the non-public school is physically located provided: • The non-public school of attendance does not offer that sport

Community (AKA Charter) and STEM School Student • Eligible only at the public school in the parents’ residential district or attendance zone only • Students must be eligible in all other aspects • Students will not be counted on each high school’s EMIS count, and the OHSAA will continue to study this procedure. • The non-enrolled student who participates will be considered a Tier 2 student for competitive balance

Business Rules for Placement of the Non-Enrolled Student in Multiple School Districts • Readopted as revised in 2017 by the Board of Directors - http://www.ohsaa.org/Portals/0/Eligibility/BusinessRulesMultiHSPublic.pdf • Basic Concept - Students shall be placed at the school in their attendance zone (if applicable) or at the school closest to the parents’ residence • The same concept is applicable to exception 4 students identified at students who attend district non-traditional schools with no sports program

Sports Medicine Update • New Coaching Requirement – Sudden Cardiac Arrest • All coaches must take the state approved training developed by ODH, ODE and the OHSAA along with technical assistance from NCH and the OH Chapter of the Am College of Cardiology • Requires coaches to watch a video, read a brochure, take a post-test and will generate a certificate • Preferred method to take course is via ODE’s LMS • Alternative methods – must be acceptable to the e-signer in your district/school

Sports Medicine • This training is free and is the only acceptable format • Parents and students must watch a video, read a brochure and sign off on a form that they have completed this training. • Form has been added to the Privit Profile • Schools may choose how to provide this training to parents which is available at ODH and on the OHSAA website

Sports Medicine • Please make sure your AEAP – Athletic Emergency Action Plan – is well understood and practiced by all athletic personnel http://www.ohsaa.org/Sports-Medicine/Emergency-Action-Plan-Guides • Consider purchasing an AED if you have not done so. This is highly recommended. http://www.ohsaa.org/Portals/0/Sports-Medicine/AED.pdf • Please review heat illness guidance which was sent to you and is in our sports regulations.

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

APPEALS • Appeals – by the numbers • During 2016-2017 Panel heard 59 Appeals over 12 scheduled dates • 32.20% (16 of 59) appeals were GRANTED or Modified • BREAKDOWN BY ISSUES: • Transfer: 42 (of which 14 were granted) • Scholarship: 7 (of which 1 was granted) • Falsification: 4 (3 of which were modified) • Recruiting: 2 (1 was granted) • Enrollment and Attendance: 1 (which was modified) • Age: 3 (of which 0 were granted)

LITIGATION During the 2016-2017 school year, multiple court challenges to the eligibility rulings made by you, OHSAA staff and/or Appeals Panel. Transfer cases: Bullying Cleveland case Delaware County Case

TRENDS AND OBSERVATIONS: • TRANSFERS and BULLYING • RECRUITING: • “Blindside” stories • Loading up • “The [mascot], who reached the regional final a year ago, have pieced their team together with transfers [XX], [YY], [ZZ] and [AA] along with [BB] moving in two years ago.” • Recruiting Summit • Met twice last year • Meeting scheduled in the fall • Outside the box look into these recent trends.

PAPP Renewals • Issues with “Pending” PAPP renewals • ORC §119.06: “When periodic registration of licenses or renewal of licenses is required by law, a licensee who has filed an application for registration or renewal within the time and in the manner provided by statute or rule of the agency shall not be required to discontinue a licensed business or profession merely because of the failure of the agency to act on the licensee’s application. Action of an agency rejecting any such application shall not be effective prior to fifteen day after notice of the rejection is mailed to the licensee.” • Local Decision • Reminder: KSU coach

Lindsay’s Law • Codified at ORC § 3313.5310 and amended in budget bill • Focus to date has been on “information developed by the departments of health and education” and the required sign-off forms • Shift focus now to the other requirements imposed by this law • “NO STUDENT shall participate in an athletic activity until the student has submitted to a designated school official a form signed by . . .” • “NO INDIVIDUAL SHALL COACH an athletic activity unless the individual has completed . . .” • Teams from out of state? ODE and ODH have already opined.

Lindsay’s Law (cont.) • Para. E of this code section states that • (1) a student shall not be allowed to participate if a biological parent, sibling or child of the student has previously experienced sudden cardiac arrest and the student has not been evaluated and cleared by a physician or • (2) the student is known to have exhibited fainting at any time prior to or following an athletic activity and has not been evaluated and cleared. • Para. E goes on to state that a student shall be removed by the student’s coach from participation if the student exhibits fainting and that if a student is not allowed to participate in or is removed from participation in accordance with these mandates, the student shall not be allowed to return to participation until the student is evaluated and cleared. • Para. F: “A school that is subject to this section shall establish penalties for a coach who violates the provisions of division E of this section.”

Captain’s Practices • What is it? • Hockey • others • Currently no rules or regulations prohibiting it • Catch 22 • Study • Input • Local Decision? • What to consider

Dr. Dan Ross, Executive Directordross@ohsaa.org

Concussions • Issue is not going away • Ohio schools have done well with designed protocols • Football helmets

Concussions • Continue to address “Return to Learn” • Keep your paperwork • Electronic monitoring (PrivIT)

Mandatory Pre-Season Meetings • PowerPoint on the OHSAA website http://www.ohsaa.org/Portals/0/SchoolResources/PreSeasonMeetings/OHSAAPreseasonMeetingPresentation.pdf • Issues to cover: • Eligibility – 5 one credit courses • Health/Safety Issues • Sportsmanship • Dropping classes

Prepare for After School Event Safety • Anyone can save-a-life • Mailed to every high school • Put your emergency plan/team together • Educate your coaches/athletes • Practice your plan each season

Coaching Permits (Must have a PAP) • Requirements: • Coaching Education • CPR • First Aid • Concussion Course • Sudden Cardiac Arrest Video

Coaching Permits • Auditor finding for non-compliance • More coaches on the radar screen for non-compliance • Put procedures in place to assure compliance

HB 49 – Sec. 3313.5315 • Sec 3313.5315 – Any student from a country or province outside the United States, who attends an elementary or secondary school in this state that began operating a dormitory on its campus prior to 2014, shall be

OHSAA Administrators’ Update Fall Seminar 2017