Page 47 - Demo

Illustrations for Section 3.030 of the By-laws
The illustrations and situations it contains are for purposes of assisting in understanding the application of the particular by-law to which they pertain. In the case of any conflict, whether actual or believed, between the illustrations, examples or situations in this publication and the constitution or by-laws of the IHSA, the constitution and by-laws shall control.
93) FUNDAMENTAL PRINCIPLE
Q. What is the “fundamental principle” underlying the residence by-laws?
A. High school sports are best controlled and conducted fairly when students reside full time with their parents and
attend high school in the district in which they reside with their parents. Departure from this basic premise requires circumstances which are within the parameters established within Article 1.460 of the IHSA Constitution, which do not conflict with the overall purpose and scope of the by-laws. (By-law 3.031.1)
94) ELIGIBILITY WHEN PARENTS MOVE
Q. If, prior to a student entering high school for the first time, the student and his/her parents move into a district in which there is both a public and private member school where may the student attend and be eligible?
A. If the family move occurs prior to the beginning of the school term, the student may attend either the public or private school in the school district into which the student and parents have moved and be eligible in regard to residence. (By-law 3.031.1) If the family move occurs after the beginning of the school term, and the student has not participated in a sport during that school term prior to the transfer, the student may attend either the public or private school in the school district into which the student and parents have moved, but the student will be ineligible for a period of thirty (30) days. If the student in this situation has participated, by trying out for, practicing, or competing as a member of a team in a sport during the school term prior to the transfer, the student will be ineligible for the remainder of the school year in that sport and will be ineligible for a period of thirty (30) days from the date of the transfer in all other sports.
95) Q.
If, after the beginning of a school term a student who is not a senior or is a senior who has not attended the same high school all four years, (A) parents move to a new school district and the student does not move with them but lives with family friends or relatives in the district and continues attending the same school, (B) parents move to a new school district and the student continues to reside with his or her parents and continues attending the same school, is the student eligible or ineligible?
A. (A) Ineligible. (By-law 3.031.1) (B) A ruling by the Executive Director is required. (By-laws 3.031.4, 3.032.5 and 3.033.5)
In the same situation as the previous Illustration, may the student become eligible for a subsequent term if he/she never transfers to a school in the district into which the parents have moved?
96) Q.
A. No. (By-law 3.034.2)
97) Q.
In multiple high school districts, may a student attend a district wide academy or attendance center within the school district, but outside of their attendance area, and retain athletic eligibility? (special education program, gifted program, vocational program, ROTC, etc.)
A. Yes. However, a student must enter the special center as an incoming freshman or as a transfer student enrolling in the district for the first time. Any subsequent transfer to a high school within the district may result in a period of ineligibility not to exceed 365 days. (By-law 3.031.1)
98) Q.
A. Yes. However, any subsequent transfer to a high school within the district may result in a period of ineligibility not to
In multiple high school districts, is an incoming freshman eligible if he/she attends the high school where his/her sibling currently attends, even if high school is outside of their attendance area?
exceed 365 days. (By-law 3.031.1)
99) Q.
A. Yes. However, any subsequent transfer to a high school within the district may result in a period of ineligibility not to
Are students who enroll as incoming freshmen in a high school outside of their attendance area as a result of court ordered plan eligible?
exceed 365 days. (By-law 3.031.1)
100) Q.
A. A student is eligible in regard to residence in only one school district. This is the school district where the student
Where is a student eligible if the parents are maintaining residences in two or more school districts?
actually lives with both parents on a full-time basis or the school district where the student lives with one birth or adoptive parent without assignment of custody or legal guardianship by the court. In the second situation, the student must continue to reside in the district where he/she attended school the previous school term. (By-law 3.031.3)
101) LEGAL GUARDIANSHIP
Q. What is legal guardianship, and how must it be documented when requesting an eligibility ruling?
A. Legal guardianship entails issuance of Letters of Guardianship of a student’s person or person and estate by a court. It must be an order signed by a judge and/or the clerk of the court as the judge’s representative. A file stamped copy of the Letters of Guardianship court order, along with a copy of the petition filed with the court at the hearing seeking
—45—