Delaware § 315 - Waivers of ineligibility.

§ 315. Waivers of ineligibility.

(a) Waiver. —

The Executive Director shall waive ineligibility under § 313 of this title if the Executive Director determines that all of the following criteria have been established:

(1) Strict enforcement of ineligibility does not serve to accomplish the purpose of this chapter.

(2) The spirit of ineligibility under this chapter is not offended or compromised by waiving ineligibility.

(3) The principle of educational balance over athletics is not offended or compromised by waiving ineligibility.

(4) Waiving ineligibility does not result in a safety risk to a teammate or competitor.

(b) Written decision. —

The Executive Director shall issue in writing the Executive Director’s decision regarding a request to waive ineligibility under this chapter. The Executive Director must issue the written decision no later than 15 days after the application for a waiver is submitted. A notice of the right to appeal under § 316 of this title must be included in the written decision.

(c) Burden of proof. —

The student who has applied for a waiver under this section has the burden of proof in establishing that the criteria under subsection (a) of this section are met.

(d) Application requirements. —

An application for a waiver under this section must include all facts relevant to the request, including sufficient information for the Executive Director to reach a determination. If an application does not include all the required documentation under subsection (e) of this section, the Executive Director may request the missing documentation. If the student does not provide the missing documentation, the Executive Director may refuse to process the application or may accept the student’s reason for not providing the missing documentation.

(e) Documentation required. —

An application for a waiver under this section must include all of the following documentation:

(1) The student’s official transcripts from eighth grade through the current school year and most recent report card or grade report, if the student’s most recent grades are not included in the transcripts.

(2) The student’s attendance records for the previous 2 years.

(3) A letter from the principal or headmaster of the student’s sending school, either supporting or not supporting the waiver request.

(4) A letter from the student’s parent, guardian, or relative caregiver, explaining in detail the circumstances for requesting a waiver. If the student is 18 years or older, the student or the student’s parent, guardian, or relative caregiver may provide the letter.

(5) Documentation of withdrawal from the student’s sending school, if applicable.

(6) Documentation of acceptance into the student’s receiving school, such as an acceptance letter from the receiving school.

(7) School district choice enrollment program documents that show the date of withdrawal and the date of enrollment, if applicable.

(8) The school calendar for the student’s receiving school.

(9) The student’s medical records, if applicable.

(10) The student’s legal documentation, if applicable.

(11) The student’s individualized education plan, if applicable.

(12) Certification from the student’s sending school and receiving school that the student is transferring for the reasons indicated on the student’s application for a waiver, and that the student’s transfer is not motivated by an athletic advantage, except as under subsection (g) of this section. If the student is unable to obtain the certification from either school, the student may submit a written statement explaining why the student is unable to obtain the certification.

(f) Date of filing. —

An application for a waiver under this section must be filed at least 30 days prior to the start of the interscholastic athletic sport season in which the student wishes to participate.

(g) Transfer for athletic advantage. —

A student who transfers from the student’s sending school to receiving school for athletic advantage may apply for a waiver under this section.

84 Del. Laws, c. 343, § 6;