The School District of Osceola County, Florida
817 Bill Beck Boulevard, Kissimmee, FL 34744-4495 Phone: (407) 870-4600
December 21, 2018
NOTICE OF PROPOSED RULEMAKING
Notice is hereby given pursuant to Section 120.54(3), F.S., that the School Board of Osceola County, Florida, intends to begin the procedure for adopting a rule.
PURPOSE AND EFFECT
The purpose of the proposed rule is to clarify that to be eligible to participate in the interscholastic or intrascholastic sports, athletic team or athletic competition of one of the School District’s public schools, pursuant to Section 1006.15 and 1006.20, F.S., a student who transfers to a private, non-member school must enroll in that public school and attend at least one live class per semester.
TEXT OF THE PROPOSED RULE
Rule No.: 5.83
Rule Title: School Choice Transfer – Athletic Eligibility
I. The following conditions apply to all high school students commencing with the successful completion of the eighth (8th) grade as defined in the Osceola District Schools Student Progression Plan. These requirements are a supplement to the bylaws of the Florida High School Athletic Association (FHSAA) guidelines relative to the transfer and eligibility of student athletes.
A. The student’s designated interscholastic athletic participation school shall be defined as the school to which the student is zoned to attend upon completion of the eighth (8th) grade.
B. Any student who transfers to a school other than the student’s designated interscholastic athletic participation school will be eligible at the new school provided the student qualifies under one of the transfer regulations listed within the current published FHSAA Transfer bylaw.
1. Exception
a. All student transfers are subject to FHSAA bylaws regarding students participating in non-school athletic activities affiliated with a school.
b.A student who transfers to a private, non-member school who wishes to participate in the interscholastic or intrascholastic sports, athletic team or athletic competition of one of the School District’s public schools, pursuant to Section 1006.15 and 1006.20, F.S., must enroll in and attend at least one live class in person per semester at that public school to meet the guidelines for the conduct of the program and the requirements for a private school student to participate, including, but not limited to, meeting the same standards of eligibility, acceptance, behavior, educational progress, and performance which apply to other students participating in interscholastic or intrascholastic sports at a public school or FHSAA member private school.
C. It shall be the responsibility of the parent/guardian and the student to indicate the desire to participate in interscholastic athletic programs at the initiation of the transfer by indicating such on the appropriate school choice transfer request form and the “Affidavit of Compliance with Policy on Recruiting” form that FHSAA requires.
1. ll School Choice request are required to be completed during the open enrollment window and must meet district criteria for approval.
2. A qualifying transfer student becomes eligible on the sixth day of attendance as stated in the FHSAA current guidelines.
D. A student may not participate in a sport if the student participated in that same sport at another school during that school year, unless the students meet the criteria in s.1006.15(3)(h), (per s.1006.195). (Participation is defined as the first day of the sport season as posted by the FHSAA.) Exceptions are listed as follows:
1. Children of active duty military whose move resulted from military orders
2. Children relocated due to foster care placement
3. Children who move due to a court-ordered change in custody due to separation, divorce or serious illness or death of a custodial parent.
4. Reassignment by District School Board
5. Transfer of school within the first twenty (20) days for acceptance into a previously applied program
6. Students shall have the right to appeal to the district athletic eligibility appeal committee. The committee will have ten (10) school days to schedule and hear the hardship case. The appeal Committee shall be made up of the following;
a. Deputy Superintendent of Human Services
b. Two High School Principals whose school are not involved in the transfer of the student
c. Representative from student Services
d. Representative from District leadership team.
E. Due Process
When a student is determined to be ineligible or is ruled ineligible by the FHSAA, the member school principal may appeal the ruling of the FHSAA if he/she or the student takes issue with it, and must do so at the student’s request. If possible, such disposition of the appeal is to be made before the end of the applicable sport season.
F. A student receiving any type of transfer into a high school must abide by all the FHSAA bylaws and applicable School Board Rules relative to athletic eligibility.
G. Any parent/guardian on behalf of a student or the student themselves who is found to have provided falsified eligibility information shall lose athletic eligibility for one (1) calendar year form the date of discovery of the violation.
H. Any student who is found to be attending a school out of his/her assigned attendance zone without a properly executed student transfer shall be returned to his/her home school and shall forfeit athletic eligibility for a period of one calendar year form the discovery of the violation.
SUMMARY
Under the proposed rule, to be eligible to participate in the interscholastic or intrascholastic sports, athletic team or athletic competition of one of the School District’s public schools, pursuant to Section 1006.15 and 1006.20, F.S., a student who transfers to a private, non-member school must enroll in that public school and attend at least one live class per semester.
ESTIMATED REGULATORY COSTS
No statement of estimated regulatory costs has been prepared pursuant to subparagraph 120.54(3)(a)1., F.S., because the adoption of this rule is not expected to: (1) adversely impact small businesses, economic growth, private sector job creation, employment, private sector investment, business competitiveness, productivity, and/or innovation; or (2) directly or indirectly increase regulatory costs in excess of $200,000 in the aggregate within one year after implementing the proposed rule, based on the existing statutes and rules, and a plain reading of the proposed rule that merely reiterates and clarifies existing eligibility requirements. The proposed rule also is not expected to require legislative ratification pursuant to subsection 120.541(3), F.S., based on the existing statutes and rules, and a plain reading of the proposed rule that merely reiterates and clarifies existing eligibility requirements. Any person who wishes to provide the School Board with information regarding estimated regulatory costs, or to provide a proposal for a lower cost regulatory alternative as provided by subsection 120.541(1), F.S., must do so in writing within 21 days of after publication of this notice.
HEARING PLACE AND TIME
If requested by contacting the person identified below within 21 days of the date of this notice, a hearing will be scheduled and announced in the Florida Administrative Register.
The School Board of Osceola County, Florida, supports the Americans with Disabilities Act of 1990, and will take all reasonable steps to accommodate individuals using its services, programs and activities. Requests for reasonable accommodations must be made at least two (2) working days in advance of a hearing.
CONTACT
The person to be contacted regarding the proposed rule development or to request a hearing is: Giselle Lee, School District of Osceola County, Florida, 817 Bill Beck Blvd., Kissimmee, Florida, 34744, (407)933-3963, Giselle.Lee@osceolaschools.net.
RULE DEVELOPMENT
Notice of the proposed rule development was published in the Florida Administrative Register on December 21, 2018.
RULEMAKING AUTHORITY
Art. IX, § 4, Fla. Const.; §§ 120.81, 1001.32, 1001.41, 1001.42, 1001.43, 1001.49, 1001.51, Fla. Stat.
LAW(S) IMPLEMENTED
§§ 1006.15, 1006.20, Fla. Stat.
HISTORY: New.
