Page 116 - 2022-23 By-Laws
P. 116

Rule 19 - Eligibility and Transfer


                    Private School will result in Limited Eligibility unless the student can establish
                    grounds for a waiver. (rule 19-5.1(b))
         Transfers without a Corresponding Change of Residence
         Q. 19-16    A student attends a Public School which is to close at the end of the current
                    School Year.  The student knows that next year his/her residence will be
                    served by (Public) School A.  The student decides to go ahead and transfer
                    at Christmas break to School A. Will the student be fully eligible?
         A.         No. A student who meets one of the criteria of rule 19-6.1 may have fully
                    eligibility at a Receiving School, however under rule 19-6.3 (Transfer Options),
                    the event triggering one or more of the criteria listed under rule 19-6.1 must
                    be occurring.  A student seeking full eligibility because of a school closing
                    (rule 19-6.1(d)) can seek eligibility at ‘any school’ (rule 19-6.3(b)(2), however
                    the transfer to the new School must occur after the Sending School actually
                    closed, or at least contemporaneous with the Sending School’s closure. In this
                    case, the student would have Limited Eligibility at School A until the Sending
                    School closes, and at that time student could request full eligibility.
         Q. 19-17    A student attends a member School, the member School eliminates calculus
                    from its curriculum and because of that change in the curriculum, the student
                    transfers to a Private member School which offers calculus.  Under these
                    circumstances, can the student qualify for full eligibility under the Transfer
                    Rule?
         A.         No.  Under rule 19, the Transfer Rule, the student does not qualify for full
                    eligibility.  Rule 19-6.1 provides various grounds for obtaining full eligibility
                    following a non-move transfer, and the loss of a course at a Sending School
                    does not meet any of the various grounds.  Therefore, the student would be
                    granted Limited Eligibility under rule 19-6.2.  However, the student may seek
                    a waiver under rule 17-8.
         Q. 19-18    Will a Private School student who resides with his/her parents and who transfers
                    to the Public School serving the parent’s residence, be fully eligible following
                    the transfer under rule 19?
         A.         No. A student transferring without a corresponding change of residence by his/
                    her parents/guardians will, under rule 19-6.2, likely be granted Limited Eligibility
                    at the Public School for Three Hundred Sixty-five (365) days from the date the
                    student last participated in a Contest at the Private School, unless the student
                    would qualify for a waiver under rule 17-8.
         Q. 19-19    If a student resides with his/her parents in a residence served by a Public
                    School but attends the ninth grade at a Private School in the area, the student
                    has not participated in athletics, and as a sophomore, the student transfers to
                    the Public School serving his/her residence, is the student eligible?
         A.         A student transferring without a corresponding change of residence by his/her
                    parents/guardians will, under rule 19-6.2, likely be granted Limited Eligibility
                    at the Public School for Three Hundred Sixty-five (365) days from the date
                    the student last participated in a Contest at the Private School, unless the
                    student would qualify for full eligibility under another provision of rule 19 or
                    unless the student sought a waiver under rule 17-8.  Here it appears that the
                    student had not participated in athletics during the preceding Three Hundred
                    Sixty-five (365) days at the student’s former School, and it appears likely that
                    the student could obtain full eligibility under rule 19-6.1(j).
         Q. 19-20   Can a student transfer to Receiving School and obtain full eligibility under
                    rule 19-6.1(n) when the student’s parent obtains a job as a bus driver at the
                    Receiving School?
         A.         No.  Under rule 19-6.1(n), the parent’s position at the Receiving School must
                    be either a teaching or administration position requiring an education license,
                    an administrator’s certification or similar professional credential.  A position
                    requiring a driver’s license or similar licensure does not qualify for full eligibility
                    under the rule.
         Q. 19-21    Can a student transfer to a Receiving School and obtain full eligibility under
                    sections 19-6.1(n) and 19-6.3(b)(4), if the student’s father accepted his new
                    position at the Receiving School a year prior to the transfer?

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