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OHSAA Administrators’ UpdateFall 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 prior to starting school in the fall of
grade 9, OR– Attending any high school the first five days 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% of the maximum allowable regular season contests have been competed in ANY sport 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.
Maximum Allowable Contests in All OHSAA-recognized sports and Formula for Determining Eligibility under the 50% Transfer Consequence
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Sport Maximum # of Contests as per the OHSAA Board Transfer Student Ineligible Until
Baseball 27 Games Game 14
Basketball (Boys and Girls) 22 Games Game 12
Bowling 24 Matches Match 13
Cross Country (Boys and Girls) 16 Meets Meet 9
Field Hockey 16 Games Game 9
Football 10 Games Game 6
Golf 18 Matches Match 10
Gymnastics 14 Meets Meet 8
Ice Hockey 35 Games Game 18
Maximum Allowable Contests in All OHSAA-recognized sports and Formula for Determining Eligibility under the 50% Transfer Consequence
Sport Maximum # of Contests as per the OHSAA Board Transfer Student Ineligible Until
Soccer 16 Games Game 9
Softball 27 Games Game 14
Swimming and Diving(Boys and Girls) 16 Meets Meet 9
Tennis (Boys and Girls) 22 Matches Match 12
Track and Field (Boys and Girls) 16 Meets Meet 9
Ice Hockey 35 Games Game 18
Soccer (Boys and Girls) 16 Games Game 9
Softball 27 Games Game 14
Swimming and Diving(Boys and Girls) 16 Meets Meet 9
Tennis (Boys and Girls) 22 Matches Match 12
Track and Field (Boys and Girls) 16 Meets Meet 9
Volleyball 22 Matches Match 12
Wrestling 20 Points 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 MoveException 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 CustodyException 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 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
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
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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/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
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 7-8th grade level• What do we do with the MS student who is too old
at the 7-8th 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 7-8th grade level?
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EVERY SPORT, EVERY ATHLETE, EVERY STAT
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BENEFITS of STATZHUB
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2014-2015 IN REVIEWInfractions 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 5th 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 3rd 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 5th Appellate District Court of Appeals
7/30/2015.
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 RossCommissioner
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 BalanceUpdate
• 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 BalanceUpdate
• 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! to prevent youth drug use before it starts
• 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 MooreMr. Steven Craig
Have a great school year!
