Page 99 - 2023-24 By-Laws

Rule 17 - Investigations ... Waivers

the student’s family. Increases in tuition or additional costs at a Private School
are considered ‘foreseeable’ and generally do not meet the criteria. To be
considered, the claimed negative change in the family’s financial condition must
have arisen after the student’s Enrollment at the Private School. In addition, the
student must have attempted to address the negative change in the family’s
financial condition with the Private School (e.g. financial aid), and show that
any aid or assistance from the Private School was insufficient to address the
negative change in the family’s financial conditions. In all cases, the student
and the student’s family must clearly show that the cost of the Private School
is no longer affordable. (rule 17-8.4(c))
Q. 17-4 A student is Enrolled in a School which is not a School which Serves the
Student’s Residence. It is becoming more and more difficult to travel to and
from the School. If the student transfers to the School which Serves the
Student’s Residence, will the student be eligible for Varsity competition under
the General Waiver Rule?
A. Generally, no. When it was decided that the student would enroll at a School
which did not serve the student’s residence, the student and his/her family
were well aware that transportation problems might arise (the problems were
clearly ‘foreseeable’), and with such understanding, they voluntarily assumed
full responsibility for any current and any future transportation problems.
When transportation problems then do arise, such as road construction,
changes in carpools, weather-related difficulties, rise in gas prices, family-
related transportation problems, etc., these problems were foreseeable, were
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/her 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/her 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?
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