FHSAA.org: Representative Assembly: Bylaw Proposals: 1999

Official Bylaw Proposals of the
Second FHSAA Representative Assembly

Monday & Tuesday, Apr. 19-20, 1999
Best Western Gateway Grand
Gainesville, Florida

1 Create new 3.3.2 to read as follows:
“A prospective new member school shall file its application for membership by mailing same postage paid to the Association office in an envelope bearing a postmark not later than August 1 to be eligible for competition in fall sports; October 1 to be eligible for competition in winter sports; and December 1 to be eligible for competition in spring sports. An application for membership filed by a prospective new member which is postmarked later than December 1 shall not be accepted for the current school year.” The deadline for application for new membership to include participation in state championship series competition shall be October 1 for the current school year. New membership granted after October 1 shall be for regular season competition only. Renumber subsequent provisions.
Sponsor: Commissioner Hughes
Action of Bylaws Revision Committee: Endorses

2 Create new 3.6.1 to read as follows:
“Certain senior high schools which do not desire to enter into full membership in this Association, but which desire to participate in interscholastic athletic competition with member schools, may make application to the Commissioner for affiliate membership in this Association by the deadlines established in Article 3.3.2, provided the school has a combined enrollment of less than 100 students in grades 10 through 12, and the school has student eligibility guidelines which are comparable to those of this Association. In making application to the Commissioner for affiliate membership, a school must:
(a) Explain why it does not desire to become a full member in this Association;
(b) Document its enrollment in grades 10 through 12 combined;
(c) Provide a copy of its policies governing the eligibility of students who participate in interscholastic athletics as its representatives;
(d) Certify that it will abide by the rules of the National Federation of State High School Associations as well as the regulations of this Association which govern contests in which any full member participates;
(e) Agree to contract only with officials registered with this Association for any contest it hosts in which a full member participates; and
(f) Make full payment of any affiliate membership fee which may be established by the Board of Directors.
An affiliate member shall be eligible to participate in interscholastic competition with any full member in any sport only during the regular season of competition established for that sport by the Board of Directors. An affiliate member shall not be:
(a) Permitted to participate in any athletic tournament or meet conducted for the purpose of determining an official state championship in the Florida High School Activities Association;
(b) Permitted to apply for approval of, or serve as host for, any multi-school athletic event such as an invitational tournament or meet which must be approved by this Association;
(c) Privileged to vote on Association matters; and
(d) Privileged to share in the distribution of Association funds.
The Commissioner shall be empowered to accept or reject any application for affiliate membership. A school which applies for and is granted affiliate membership in this Association shall not be eligible for full membership until the following or subsequent school year.” Renumber existing 3.6.1 as 3.7.1.
Sponsor: Commissioner Hughes
Action of Bylaws Revision Committee: Endorses

4 WITHDRAWN.

5 Create new 4.1.5 to read as follows:
“The Board of Directors shall meet a minimum of five times annually. The date, time and place of each meeting shall be determined by its members. Additional meetings of the Board of Directors may be called by the President.” Renumber existing 4.1.5 to 4.1.6, 4.1.6 to 4.1.7, etc.
Sponsor: Commissioner Hughes.
Action of Bylaws Revision Committee: Endorses

6 WITHDRAWN.

7 Revise existing 4.3.1 by adding the following item (e) to read as follows:
“(g) No two members of the Sectional Appeals Committee shall be residents of/or employed in the same county.”
Sponsor: William Blakemore, Activities Coordinator, Lely High School (Naples).
Action of Bylaws Revision Committee: Does not endorse; contrary to Florida Statutes.

8 Revise existing 4.3.6 as follows:
“Each ~~The~~ Sectional Appeals Committee shall meet as needed to carry out its duties nine times annually during the school year: between August 10 and 20, September 1 and 15, October 1 and 15, November 1 and 15, December 1 and 15, January 1 and 15, February 1 and 15, March 1 and 15, and April 1 and 15.”
Sponsor: Commissioner Hughes
Action of Bylaws Revision Committee: Endorses

9 WITHDRAWN.

10 Revise existing 4.5.1 as follows:
The date and place of the annual meeting of this Association shall be set by the Board of Directors. The Commissioner shall notify all members as to the exact time and place of the meeting not less than 30 days in advance of ~~in the issue of the FHSAA Bulletin immediately preceding~~ the date set. . . .”
Sponsor: Commissioner Hughes
Action of Bylaws Revision Committee: Endorses

11 Revise paragraph (a) of existing 5.1.1 by changing last sentence as follows:
“The names of all candidates shall be announced not later than December 15 ~~in the December issue of the FHSAA Bulletin~~.
Sponsor: Commissioner Hughes
Action of Bylaws Revision Committee: Endorses

12 Revise existing 5.2.1 by changing next-to-last sentence as follows:
“. . . If time permits, the names of all candidates shall be announced by the Commissioner ~~in the next regularly scheduled issue of the FHSAA Bulletin~~, and shall be included on the official ballot . . .”
Sponsor: Commissioner Hughes
Action of Bylaws Revision Committee: Endorses

13 Create new 5.3.1 to read as follows:
“In the event a vacancy occurs in any seat on the Representative Assembly, the Board of Directors shall appoint a qualified individual from the representative group to fill the vacant seat until the next regularly scheduled election of this Association at which time an individual will be elected to serve the duration of the unexpired term.” Renumber existing 5.3.1 as 5.4.1.
Sponsor: Commissioner Hughes
Action of Bylaws Revision Committee: Endorses

14 Create new 5.4.2 to read as follows:
“If a vacancy occurs in the Office of Chairperson or Vice Chairperson of a Sectional Appeals Committee, the respective Committee shall elect a successor from among its members to serve the remainder of the unexpired term.”
Sponsor: Commissioner Hughes
Action of Bylaws Revision Committee: Endorses

15 Revise existing 6.1.2 as follows:
“The representative of any member school who fails to mail his/her school’s dues in any envelope postmarked not later than September 30 ~~November 30~~ shall be dropped from membership in this Association, but the school . . .”
Sponsor: Commissioner Hughes
Action of Bylaws Revision Committee: Endorses

16 Create new 8.1.1 to read as follows:
“Students, coaches, administrators, spectators and all other persons connected directly or indirectly with a member school, as well as contest officials, shall practice and promote the highest standards of sportsmanship and ethics in all interscholastic relationships. It shall be the responsibility of each member school principal to ensure that those individuals connected with his/her school adhere to these standards. The Commissioner shall have the authority to investigate allegations and incidents of unsportsmanlike conduct or conduct which adversely affects the ethics of competition in connection with interscholastic contests. The Commissioner shall have full authority to invoke penalties against a member school and/or individuals whose conduct in connection with an interscholastic contest violates these principles or ethics.” Renumber existing 8.1.1 and subsequent articles.
Sponsor: Commissioner Hughes
Action of Bylaws Revision Committee: Endorses

17 Create new 8.1.2 to read as follows:
“The disqualification of a coach, student or other representative of a member school from an athletic contest as a result of unsportsmanlike conduct shall subject his/her school to appropriate stern disciplinary action. It is expected that each member school will exercise control over each individual student and coach to the extent necessary to ensure safety and fair play for all participants.” Renumber existing 8.1.2 and subsequent articles.
Sponsor: Commissioner Hughes
Action of Bylaws Revision Committee: Endorses

18 WITHDRAWN.

19 WITHDRAWN.

20 Revise existing 9.1.1 as follows:
“Any competition between organized teams of different schools in a sport recognized ~~sanctioned~~ by this Association is an interscholastic contest and shall be subject to all Association bylaws, policies, rules and contest regulations pertaining to such contests.”
Sponsor: Commissioner Hughes
Action of Bylaws Revision Committee: Endorses

21 Delete existing 9.9.2.
Sponsor: FHSAA Board of Directors
Action of Bylaws Revision Committee: None, submitted following committee meeting

22 Revise existing 9.3.1 as follows:
“Member schools may permit eligible students to engage in interscholastic contests as school representatives only with ~~those schools which are members of this Association or which are members of another state association which also is a member of the National Federation of State High School Associations.~~ the following:
(a) Schools which are members of this Association;
(b) Schools which have been approved by the Commissioner for affiliate membership in this Association; or
(c) Out-of-state schools which are members of associations which regulate interscholastic athletics for schools within their states, provided the eligibility guidelines of those associations are comparable to those of the Florida High School Activities Association, and the season established by those associations for competition in the sport involved is concurrent with that of the Florida High School Activities Association.
Member schools shall not permit students to participate as school representatives in athletic contests or contractually obligate itself to participate in any tournament, meet or contest in which any schools which do not meet these criteria are scheduled to participate, or with non-school teams or groups.”
Sponsors: Commissioner Hughes; Lee Turner, Principal, Pine Crest School, Fort Lauderdale
Action of Bylaws Revision Committee: Endorses

23 Create new 9.5.1 to read as follows:
“The Board of Directors shall categorize sports which are played by member schools as “recognized” and “sanctioned”. ~~sanction those sports which shall be recognized as interscholastic sports by this Association~~. Recognized sports shall require participants to abide by Association bylaws, policies, rules and contest regulations with regard to student eligibility and sportsmanship in interscholastic contests. Sanctioned sports, which may be eligible for state championship series status pursuant to Article 9.8.1, may require participants to adhere to a to a greater degree of regulation subject to terms and conditions established by the Board of Directors. All rules and regulations of the National Federation of State High School Associations and this Association shall apply to teams or individual students who represent a member school in interscholastic competition in a sport recognized sanctioned by this Association. All sports which are not recognized or sanctioned by the Board of Directors ~~this Association~~ shall be ~~are~~ considered ~~to be~~ club sports and shall not be ~~are not~~ under the jurisdiction of this Association.” Renumber existing 9.5.1 and 9.5.2 as 9.5.2 and 9.5.3 respectively.
Sponsor: Commissioner Hughes
Action of Bylaws Revision Committee: Endorses

24 Create new 9.6.1 to read as follows:
“The following interscholastic competitions for which a member school serves as host shall require approval by the Commissioner:
(a) An invitational tournament or meet involving three (3) or more schools;
(b) A tournament or meet which is held to determine the champion of a city, county, conference or league;
(c) A preseason tournament, game or jamboree;
(d) A spring football game or jamboree; and
(e) A postseason football bowl game; and
(f) A single contest, such as a game, match or dual meet, in which the visiting school is from another state.
An interscholastic competition involving out-of-state schools for which a member school serves as host must be approved through the established procedures of the National Federation of State High School Associations.
A member school shall be required to serve as the host school for any such interscholastic competition sponsored by an outside agency in which member schools participate, and shall be responsible for the enforcement of this Association’s rules during the competition.” Delete existing 9.6.1 and 9.6.2. Renumber 9.6.3 as 9.6.2.
Sponsor: Commissioner Hughes
Action of Bylaws Revision Committee: Endorses

25 Revise existing 9.8.1 as follows:
“This Association may conduct state championship series to determine the official state champion(s) in those sports which are sanctioned by the Board of Directors. Participation in state championship series shall be limited only to those senior high schools which are members of this Association. Independent middle schools and/or junior high schools which are members of this Association, as well as senior high schools holding affiliate membership, are not eligible for competition in state championship series. The Board of Directors shall determine the sports in which state championship series are to be conducted and shall establish the terms and conditions for each state championship series. In order for a state championship series to be initiated in a sport, 30 percent of the member senior high schools must be engaged in interscholastic athletic competition in the sport. In order for an existing state championship series to continue in a sport, 20 percent of the member senior high schools must maintain interscholastic athletic competition in the sport.”
Sponsor: Commissioner Hughes
Action of Bylaws Revision Committee: Endorses

26 Delete existing 9.8.2.
(This is covered by existing Board policy.) Renumber existing 9.8.3 as 9.8.2.
Sponsor: Commissioner Hughes
Action of Bylaws Revision Committee: Endorses

27 Revise existing 11.2.4 as follows:
“A student’s grade point average may be raised or lowered by attending a regularly organized summer school under the direction of the District School Board or the governing board of a nonpublic school provided all courses taken during the summer school are completed before the first day of the fall semester. All courses in which a student received a grade . . .”
Sponsor: Commissioner Hughes
Action of Bylaws Revision Committee: Endorses

28 Revise existing 11.2.5 as follows:
“A grading period is defined as one quarter ~~semester~~. A quarter ~~semester~~ is defined as one quarter ~~half~~ of a school year (approximately nine 18 school weeks or 45 90 school days). This definition is applicable to all schools regardless of the type of class scheduling format . . .”
Sponsor: Dr. Patricia E. Lucas, Principal, Manatee High School, Bradenton
Action of Bylaws Revision Committee: Does not endorse because it conflicts with Florida Statutes, but believes that the proposal has merit

29 Revise existing 11.2.9 as follows:
“A student who is eligible or ineligible based upon the previous cumulative grade point average will become eligible or ineligible on the third ~~seventh~~ calendar day after the last day of the previous semester. . . .”
Sponsor: Walter Weller, Assistant Principal, Dixie Hollins High School, St. Petersburg
Action of Bylaws Revision Committee: Does not endorse; believes that three days is not an adequate amount of time for teachers to compute and report grades

30 Revise existing 11.2.9 as follows:
“A student who is eligible or ineligible based upon the previous cumulative grade point average will become eligible or ineligible on the seventh calendar day after the last day of the previous semester. In order to be declared eligible for the succeeding semester, the student must have been enrolled ~~and~~ in, been in regular attendance at, and received grades for all courses taken during the previous two consecutive semesters entire previous semester just closed. A student who is eligible for a semester shall continue to be eligible during the period of vacation between semesters provided he/she meets all other eligibility requirements. Likewise, a student who is ineligible for a semester shall continue to be ineligible during the period of vacation between semesters.”
Sponsor: Commissioner Hughes
Action of Bylaws Revision Committee: Endorses

31 Revise existing 11.2.12, second sentence, as follows:
“. . . A student who was eligible or ineligible based upon the previous cumulative grade point average will become eligible or ineligible on the third ~~seventh~~ calendar day after the last day of the previous semester. . . .”
Sponsor: Walter Weller, Assistant Principal, Dixie Hollins High School, St. Petersburg
Action of Bylaws Revision Committee: Does not endorse; believes that three days is not an adequate amount of time for teachers to compute and report grades

32 Revise existing 11.2.13, item (c), as follows:
“He/she must be carrying a normal class load and maintaining a cumulative 2.0 grade point average ~~doing satisfactory classroom work~~, with a satisfactory conduct record as determined by the principal of the school and the standards of this Association.”
Sponsor: Keith Summers, Athletic Director, Blountstown Middle School, Blountstown
Action of Bylaws Revision Committee: Does not endorse; in the absence of any Florida Statute which establishes a consistent grading policy for students below the high school level, the policies and guidelines established by the 67 various school districts, not to mention the private schools, are too varied to impose a mandatory 2.0 GPA on them for interscholastic competition.

33 Revise existing 11.3.2 as follows:
“A student who, after initially enrolling in, or engaging in an athletic practice at, any ~~a member~~ school during a school year, moves into a school community with his/her parent(s) or other individual with whom he/she has lived continuously for a full calendar year . . .”
Sponsor: Commissioner Hughes
Action of Bylaws Revision Committee: Endorses

34 Create new 11.3.2 to read as follows:
“The student referred to in 11.3.1 will remain eligible at that school even though a change of residence occurs so long as he/she remains enrolled in that school and meets all other eligibility requirements.” Renumber existing 11.3.2 and subsequent provisions.
Sponsor: Commissioner Hughes
Action of Bylaws Revision Committee: Endorses

35 Create new 11.3.4 to read as follows:
“A student who, after initially enrolling in, or engaging in an athletic practice during a school year, moves into a different school community to live with his/her parent(s) or other individual with whom he/she has not lived continuously for a full calendar year and transfers to a new school as a result of the move, shall be ineligible so far as residence is concerned.” Renumber existing 11.3.4 and subsequent provisions.
Sponsor: Commissioner Hughes
Action of Bylaws Revision Committee: Endorses

36 Create new 11.4.1 to read as follows:
“A student who initially enrolls in, or engages in an athletic practice at, one member school in a school year and transfers attendance to another member school during that same school year shall be considered to be a transfer student and therefore subject to the bylaws related to students who transfer from one school to another.” Renumber existing 11.4.1 and subsequent provisions.
Sponsor: Commissioner Hughes
Action of Bylaws Revision Committee: Endorses

37 Create new 11.4.6 to read as follows:
“A student who transfers from a non-member school to a member school without a corresponding change of residence shall not be eligible to compete during a sports season unless his/her transfer occurred prior to the first day of practice for that sport.” Renumber existing 11.4.6 and subsequent provisions.
Sponsor: Commissioner Hughes
Action of Bylaws Revision Committee: Endorses

38 Revise existing 11.4.11 as follows:
“A student who marries and sets up residence in a different school community, or who upon reaching the age of 18 sets up residence in a different school community, may represent the school which serves that community, provided the change in residence is immediate and he/she meets all eligibility requirements.”
Sponsor: Commissioner Hughes
Action of Bylaws Revision Committee: Endorses

39 Create new 11.4.11 to read as follows:
“A student who transfers to a new school within one calendar year of the relocation of his/her coach to that school without a corresponding change in residence shall be considered to have transferred for athletic reasons and shall not be eligible to participate in the sport(s) coached by that coach for one calendar year from the date of enrollment in the new school.” Renumber existing 11.4.11 and subsequent provisions.
Sponsor: Commissioner Hughes
Action of Bylaws Revision Committee: Endorses

40 Revise existing 11.4.15 as follows:
“If the District School Board changes the school to which a student is assigned to attend ~~the route of the bus on which a student has been riding so that the students on it are carried to a different high school, or establishes a new bus route which the student is required to patronize~~, the student shall be declared eligible by the principal of the school to which he/she has ~~been~~ transferred, provided he/she meets all other eligibility requirements and his/her name has been submitted on an annual eligibility report.”
Sponsor: Commissioner Hughes
Action of Bylaws Revision Committee: Endorses

41 Revise existing 11.6.1 as follows:
“A student shall be eligible through age nineteen (19) so far as age is concerned. On the date of his/her 20th birthday, a student shall be ineligible for further participation in interscholastic athletic competition. A student may participate in interscholastic athletic competition until reaching the age of 19 years 9 months, so far as age is concerned. Upon reaching the age of 19 years 9 months the student shall be ineligible for further participation in interscholastic athletic competition.”
Sponsor: Commissioner Hughes
Action of Bylaws Revision Committee: Endorses, with reservations.

42 Create new 11.15.1 to read as follows:
“Each member school principal or his/her designee having reasonable cause to believe that a student is ineligible to participate in, or continue to participate in, interscholastic athletic competition under any provision of these Bylaws may request an official ruling on the student’s eligibility from the Commissioner on a form to be provided by this Association, and must do so at the student’s request. A member school which requests an official ruling on a student’s eligibility shall submit in writing on the form a full statement of the facts surrounding the student’s ineligibility. The Commissioner, or his/her designee, within a reasonable amount of time, shall issue a ruling on the student’s eligibility in writing based solely on the statement of facts which is provided in writing on the form. Only those rulings which are issued in writing and signed by the Commissioner, or his/her designee shall be official. This bylaw does not relieve the principal or his/her designee from his/her responsibility of ensuring the eligibility of all students who are allowed to participate in interscholastic athletic competition on behalf of his/her school, or from any other responsibility as set forth in Bylaw 7.4.1."
Sponsor: Commissioner Hughes
Action of Bylaws Revision Committee: Endorses

43 Create new 11.15.2 to read as follows:
“A student who is determined to be ineligible by a member school principal or his/her designee, or ruled ineligible by the Commissioner, shall be provided with notice of his/her ineligibility either in writing or by delivering said notice in person. The notice shall specify the reason(s) for the ineligibility and identify the individual provision(s) of these Bylaws involved. The student shall also be informed of his/her right to have the school appeal the decision of the principal or his/her designee to the Commissioner, or the Commissioner’s ruling to the Sectional Appeals Committee; or to file a request for undue hardship waiver on his/her behalf, in accordance with the provisions of Article 13 of these Bylaws.”
Sponsor: Commissioner Hughes
Action of Bylaws Revision Committee: Endorses

44 Create new 12.1.3 to read as follows:
“If a member school or student, while in violation of or noncompliance with any provision(s) of this Association’s rules, participates in interscholastic competition contrary to such rules but in accordance with the terms of a court restrain-ing order or injunction against his/her school and/or this Association, and that injunction or restraining order is subsequently voluntarily va-cated (by dismissal of the case or otherwise), stayed, reversed or a final determination is made by the courts that injunctive relief is not or was not justified or if the injunction or restraining order expires without further judicial determination, the actions required by Article 12.1.1 shall be taken.”
Sponsor: Commissioner Hughes
Action of Bylaws Revision Committee: Endorses

45 Create new 12.1.4 to read as follows:
“No investigation shall take place into, and no penalties shall be invoked against any member school or person(s) for, violations of this Association’s rules which are alleged to have occurred prior to the beginning of the previous school year, except for investigations initiated due to protests over a student’s eligibility as stipulated in Article 12.3.1.”
Sponsor: Commissioner Hughes
Action of Bylaws Revision Committee: Endorses

46 Create new 13.1.4 to read as follows:
“Sectional Appeals Committees shall be required, in all cases of unfavorable decisions, to provide the appellant with a written explanation or rationale of why the eligibility appeal or request for undue hardship was denied. This written communication must be made so that the appellant receives it within five (5) business days after the unfavorable decision has been rendered.”
Sponsor: Ernie Modugno, Activities Director, Naples High School, Naples
Action of Bylaws Revision Committee: Does not endorse; requiring such of the Sectional Appeals Committees might open the members to litigation and will most likely make it harder to find individuals willing to serve in this capacity.

47 Create new 13.1.4 to read as follows:
“The burden of showing error in the determination of a student's ineligibility or in showing why an undue hardship waiver should be granted is on the student, his/her parent(s) or guardian(s), and the principal or his/her designee of the member school filing the appeal of the eligibility ruling or request for undue hardship waiver on the student's behalf. The member school principal or his/her designee shall file with the appeal or request for undue hardship waiver a detailed statement made on his/her best knowledge and belief giving the reason(s) why the appeal or request for undue hardship waiver should be granted. Such statement shall include as a minimum a brief statement of the facts involved, the specific bylaw(s) or policy(s) involved and argument in support of the relief requested. This statement shall be supported by any relevant documentary evidence available.”
Sponsor: Commissioner Hughes
Action of Bylaws Revision Committee: Endorses

48 Create new 13.1.5 to read as follows:
“Neither the Sectional Appeals Committee nor the Board of Directors have the authority to waive a provision of Florida Statutes.”
Sponsor: Commissioner Hughes
Action of Bylaws Revision Committee: Endorses