Page 97 - 2022-23 By-Laws

Rule 17 - Investigations ... Waivers

voluntarily assumed, and therefore, do not constitute a ‘hardship condition’.
These transportation problems simply do not support a Rule 17-8.1 General
Waiver. (rules 17-8.1, 17-8.3)
Q. 17-5 A School has discontinued an academic program in which the student
participated. If the student transfers to a new School that offers the same
program can the student get full eligibility under the General Waiver Rule?
A. A transfer made as a result of a School discontinuing a particular academic
program might establish a hardship condition, however, there must be proof
that the student was fully enrolled in the academic program at the former
School, the program had been a significant focus of the student and a focus of
the student’s education program, the program was discontinued at the former
School and the student actually Enrolled in the same or a similar program at
the new School. The discontinuance of a single subject, like calculus, will not
result in a student receiving a waiver. (rules 17-8.1, 17-8.3)
Q. 17-6 A student, without a parental move, transfers to a new School because of a
medical condition. Will the student be allowed to compete at his new School
at the Varsity level?
A. Transfers because of a medical condition may qualify for full eligibility under the
General Waiver Rule (17-8.1) provided a physician substantiates the need for
the transfer as an integral part of the student’s medical therapy of prevention
or medical therapy of the aggravation of an existing condition, serious enough
to warrant a compelling need to transfer. If it appears that the diagnosis was
made for the purpose of establishing athletic eligibility at the new School, the
request will likely be denied. And since neither a psychologist, a nurse nor a
social worker is able to make medical diagnosis, any supporting opinion, letter
or report from such individuals, based upon a medical reason, will be given
little if any consideration.
Q. 17-7 If a student Enrolls for his freshman year at a Private School or at a Public
School outside the student’s Public School attendance area, and then has
trouble making friends at this School and also has academic difficulties at this
School which is known as being academically challenging, can the student,
without a parental move, transfer to another School where the student’s friends
are attending or which offers a course of study which is less challenging than
the students original School, and get full athletic eligibility (varsity) at the new
School?
A. This circumstances generally would not satisfy the criteria for a student eligibility
general waiver (rules 17-8.1, 17-8.3). Since it is foreseeable that there could be
social adjustment problems when a student attends an out-of-District School,
and could be scholastic problems when a student attends an academically
challenging School, attendance at such a School would not qualify as a hardship
condition. (rule 17-8.3)
Q. 17-8 A student wants to attend a different School where the scholastic program is
better and where the student will fit in better. Will the student be eligible at
the Varsity level?
A. Transfers for these reasons generally fail to meet the criteria for full eligibility
under the General Waiver Rule. A decision to change Schools because
someplace else is “better” is not the result of a circumstance which necessitates
a School change, but is more often the consequence of a family’s decision
about what School they believe to be superior. This is a choice, totally within
the control of the student and the student’s family. Students and parents are
urged to research schools prior to Enrollment. (rules 17-8.1, 17-8.3).
Q. 17-9 Will a student get a Student Eligibility General Waiver (rules 17-8.1, 17-8.3)
following a transfer if the student was the subject of a disciplinary action at the
Sending School and the transfer was because of that disciplinary action?
A. No. Students who transfer as a result of some disciplinary action, pending
disciplinary action or a code of conduct violation at a Sending School would
not meet the criteria for a Student Eligibility General Waiver. (rules 17-8.1,
17-8.3)
Q. 17-10 A student attends a School where the student’s family believes there is gang

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