Page 49 - Demo

3.043.2 The student transfers attendance from one public high school in a school district which supports two (2) or more public high schools to another public high school in that school district, and the transfer is in conjunction with a change in residence by both the student and his or her parents, custodial parent, surviving parent, or guardian to a residence within the boundaries established by the governing board of the school district for the high school to which the student transfers; or
3.043.3 In the event the student transfers attendance from any high school to any other high school, and the transfer is not in conjunction with a change in residence by both the student and his or her parents, custodial parent, surviving parent, or guardian to a residence outside the boundaries of the public school district attendance area the family originally resided in, the Executive Director may grant eligibility based on documentation that the transfer met one of the following conditions:
• The student is enrolling for the first time in the student’s home public member high school with boundaries;
• Change in family’s financial position;
• Extenuating circumstances documented by the sending school’s principal or official representative;
• Limited eligibility may be granted when the student transfers schools prior to the beginning of the student’s sophomore year.
3.043.4 The student, who is a child of divorced or legally separated parents, transfers attendance from one high school to another in conjunction with a change in legal custody between the parents by action of a judge of a court of proper jurisdiction, and a change in the student’s residence from the former custodial parent to the parent to whom custody has been awarded by the court, provided that a copy of the petition and the court order so changing custody is on file with the principal of the high school to which the student transfers.
3.044 The student, who (a) is an orphan; (b) is a child of divorced, legally separated, or unmarried parents with respect to whom there has not been a change in custody ordered by a court of proper jurisdiction; or (c) is a ward of the state who transfers attendance from one high school to another high school, shall be subject to the eligibility provisions of Sections 3.043.1- 3.043.3 as if the student resided with his/her parent(s), provided that following the transfer, the student continues to reside with the same family, foster family, group home or other unit or entity after the transfer as prior to and at the time of the transfer.
3.045 In the case of a student who transfers attendance from one high school to another in conjunction with the adoption of the student after the student has entered high school for the first time, or a change in guardianship of the student by order of a court of proper jurisdiction, the student shall be ineligible pending a ruling by the Executive Director. In such cases, the Executive Director may grant eligibility only if it is determined, after investigation, that the circumstances giving rise to the change of guardianship or adoption and the transfer were completely beyond the control of all of the following:
(1) the student
(2) the student’s parent(s)/guardian(s)
(3) the schools to and from which the student transferred.
Any action, inaction, or voluntary or self-initiated decision of the student, parent/guardian or the school to or from which the student transfers, or any one or more of them, which results in, affects, causes or pertains to the transfer shall not be considered to be “circumstances completely beyond the control.” The student may practice, but shall not participate in an interscholastic athletic contest until a ruling on the student’s eligibility has been made by the Executive Director.
3.046 In all other circumstances involving a transfer, the student shall be ineligible pending a ruling by the Executive Director. In such cases, the Executive Director may grant eligibility if it is determined after investigation that the circumstances giving rise to the transfer were completely beyond the control of all of the following:
(1) the student
(2) the student’s parent(s)/guardian(s)
(3) the schools to and from which the student transferred.
Any action, inaction, or decision of the student, parent/guardian or the school to or from which the student transfers, or any one or more of them, which results in, affects, causes or pertains to the transfer shall not be considered to be “circumstances completely beyond the control.” The student may practice, but shall not participate in an interscholastic athletic contest until a ruling on the student’s eligibility has been made by the Executive Director.
3.047 The member school to which a student transfers shall enforce any period of ineligibility imposed or that would have been imposed upon the student by the school from which the student is transferring, even if the student is otherwise eligible under these by-laws. The period of ineligibility at the school to which the student transfers shall be the remaining duration of the period of ineligibility imposed or that would have been imposed had the student not transferred, but not longer than 365 days after the date of the transfer, whichever is less.
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