FHSAA.org: Representative Assembly: Bylaw Proposals: 2001

Official Bylaw Proposals of the
Fourth FHSAA Representative Assembly

Monday & Tuesday, Apr. 9-10, 2001
Best Western Gateway Grand
Gainesville, Florida

PROPOSED AMENDMENTS TO THE FHSAA BYLAWS
SUBMITTED BY MEMBERSHIP AND COMMISSIONER

This publication presents all proposed amendments to FHSAA Bylaws that were properly submitted in accordance with the February 2, 2001 deadlines in the 2000-01 FHSAA Planning Calendar. The proposals herein are printed in the order in which they would appear, if adopted, in the FHSAA Handbook. No attempt has been made to place them in topical groupings.

Each proposal is accompanied not only by the traditional statement of intent and proposed effective date, but also by a statement of rationale as provided by the source, a staff analysis and statements of fiscal impact on both the Association and member schools.

[Note: Pursuant to Article 14, a two-thirds majority of the votes cast by delegates present is required for passage of any proposal. Any revision to a proposed amendment shall require the written authorization of its original sponsor(s). Such revisions shall require a majority of votes cast of delegates to the Assembly. An amendment shall become effective on the first day of July following its adoption unless otherwise specified.]

[Note: In the following proposals, those letters and words that appear stricken are to be deleted and those letters and words that appear underlined are to be added. All page numbers listed refer to the corresponding pages in the 2000-01 FHSAA Handbook.]

No. 1   Location
Intent: To eliminate the reference to a specific physical address for the Association office.
Bylaws: Amend 1.2.1, page 22, as follows:
“Its principal place of business shall be ~~515 North Main Street,~~ Gainesville Florida.”
Source: Robert W. Hughes, Commissioner, FHSAA.
Effective Date: July 1, 2001.
Rationale: By eliminating any reference to a specific physical address, it is not necessary to amend this bylaw everytime the Association’s office is moved within the city of Gainesville.
Staff Analysis: Construction on the Association’s new office adjacent to Interstate 75 is scheduled to begin with the next month. It will be sixth new home of the Association in its 81-year history. Each time the Association office has relocated, it has been the practice to amend this bylaw to reflect the new physical address of the Association office. There is no legal reason that the physical address of the Association office be stated in this bylaw. The city in which the Association is located is all that is required.
Fiscal Impact on Association: None.
Fiscal Impact on Member Schools: None.

No. 2   Application for Membership
Intent: To establish August 1 as the deadline for filing an application for membership by a prospective new member school.
Bylaws: Amend 3.3.2, page 25, 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 August 1 ~~December 1~~ shall not be accepted for the current school year. The Commissioner shall be empowered to set aside the provisions of this bylaw for the benefit of schools seeking first-time admittance as a middle school, junior high school or affiliate member.”
Source: Robert W. Hughes, Commissioner, FHSAA.
Effective Date: July 1, 2001.
Rationale: Practice and competition for the school year begin in the month of August. Prospective new senior high school members should be required to join before any competition begins. Provisional authority is extended to the Commissioner to waive this deadline for the benefit of prospective new middle school, junior high school and affiliate members.
Staff Analysis: Currently there are three separate deadline dates for filing an application for membership. Two of these deadlines fall on October 1 and December 1, well after the school year has begun and athletic schedules have been finalized. Newly joining senior high schools become frustrated when they cannot schedule other member schools after joining. This proposal will require senior high schools contemplating joining the Association to do so prior to the beginning of the fall sports season. This will eliminate the possibility of schools joining the Association in mid-year to participate in a specific sport when they discover that they might have a competitive team in that sport.
Fiscal Impact on Association: None.
Fiscal Impact on Member Schools: None.

No. 3   State Championship Series
Intent: To require that member senior high schools that desire to participate in the Association’s state championship series in any sport sponsor a diverse and well-rounded athletic program.
Bylaws: Amend 9.7.1, page 42, 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 the state championship series shall be limited only to those senior high schools which are members of this Association and sponsor a varsity program in a minimum of two (2) sports sanctioned by this Association during each sports season.”
Source: Robert W. Hughes, Commissioner, FHSAA.
Effective Date: July 1, 2003 (will be based on schools’ programs in 2002-03 school year).
Rationale: Schools that specialize in one or two sports, such as tennis and golf academies, gain an unfair advantage over schools that sponsor programs in multiple sports.
Staff Analysis: The NCAA as well as some other state high school associations require their members to sponsor programs in multiple sports to be eligible for membership and/or their championship series. This proposed requirement will not impede a school’s opportunity for membership in the Association, but will impact its eligibility for participation in the state championship series. The proposed effective date of July 1, 2003 will give member schools two school years to bring their total athletic programs into compliance.
Fiscal Impact on Association: None.
Fiscal Impact on Member Schools: Those schools that currently are not in compliance with the provisions of this proposal will be required to budget additional athletic funds to sponsor programs in new sports.

No. 4   State Championship Series
Intent: To adjust upward by 50 percent the student populations of private schools and university laboratory schools for the purpose of assigning such schools to classifications.
Bylaws: Create new 9.7.2, page 42, as follows:
“The Board of Directors shall establish as part of the terms and conditions for state championship series competition a method of assigning member senior high schools to classifications, which shall be based solely on the student populations of the member senior high schools. The number of classifications, and the students to be counted for assignment to the classifications shall be determined by the Board of Directors, provided however, that the student populations for nonpublic schools and university laboratory schools shall be multiplied by a factor of 1.5 for the assignment of such schools to classifications.”
[9.7.2 renumbered as 9.7.3.]
Source: Denise Butler, principal, Apalachicola High School; Kenneth E. Daffin, principal, Cottondale High School; Chris Earley, principal, Port St. Joe High School; Sam Haywood, principal, Hawthorne High School; Richard Kennedy, athletic director, Liberty County High School (Bristol); Rocky Pace, principal, Greensboro High School; Rosalyn Smith, principal, Chattahoochee High School; Drew Stone, principal, Trenton High School; Keith Summers, assistant principal, Blountstown High School; William F. Truby, principal, Wewahitchka High School; Tom Vickers, athletic director, Graceville High School.
Effective Date: July 1, 2001 (will be implemented with the 2003-04, 2004-05 classification cycle).
Rationale: Enrollment factors drive classification, and since public schools cannot control enrollment and private schools and university laboratory schools can, greater weight should be imposed on a private school and university laboratory school when counting students for athletic classification purposes.
Staff Analysis: Proposal would require staff to multiple each private school and university laboratory school’s reported student population by 1.5, thereby increasing the school’s population by 50 percent. This higher figure would then be used to assign the school to a classification for state championship series competition. The student populations of all-girls and all-boys schools would still be doubled. This doubled figure then would be multiplied by 1.5.
Fiscal Impact on Association: None.
Fiscal Impact on Member Schools: None.

No. 5 (a)   Season Limitations
Intent: To permit member school coaches to have contact with non-school teams comprised, in whole or in part, of their athletes outside of the sports season during the school year.
Bylaws: Amend 9.8.2, page 42, as follows:
“Coaches or prospective coaches of any member school are ~~not~~ allowed to have contact outside of the sports season ~~but~~ during the regular school year with ~~any team of which the makeup is more than 50 percent of~~ students from the school or feeder school which he/she represents.”
Source: David F. Lauer, principal, George Jenkins High School (Lakeland).
Effective Date: July 1, 2001.
Rationale: The current bylaw cannot be fairly applied at all member schools of the FHSAA since there are many counties that have only 1 high school and are far enough from another high school that these 1 county high schools cannot play by this rule if they wished to. The multi-county schools use this rule to violate the rule by saying they are complying to the bylaw. This rule is unenforceable just as the old summer participation rule that the FHSAA did away with.
Staff Analysis: Proposal eliminates the “50-percent rule” by deleting from 9.8.2 the language restricting off-season contact by coaches with their athletes on non-school teams of which the makeup is more than 50 percent of their athletes. This would permit coaches to coach their school teams during the off-season as AAU, American Legion or other non-school league or club settings.
Fiscal Impact on Association: None.
Fiscal Impact on Member Schools: None.

No. 5 (b)   Season Limitations
Intent: To eliminate the “50-percent rule”, thereby allowing member school coaches to have contact with non-school teams comprised, in whole or in part, of their athletes outside of the sports season during the school year.
Bylaws: Delete 9.8.2, page 42, as follows:
“Coaches or prospective coaches of any member school are not allowed to have contact outside of the sports season but during the regular school year with any team of which the makeup is more than 50 percent of students from the school or feeder school which he/she represents.”
Source: Jeff Paris, athletic director, Miami Carol City High School.
Effective Date: July 1, 2001.
Rationale: This rule is antiquated and unenforceable with widespread violations occurring. Provisions for off-season contact may be better addressed through policy.
Staff Analysis: Proposal eliminates the “50-percent rule” by deleting 9.8.2, which contains the language restricting off-season contact by coaches with their athletes on non-school teams of which the makeup is more than 50 percent of their athletes. This would permit coaches to coach their school teams during the off-season as AAU, American Legion or other non-school league or club settings.
Fiscal Impact on Association: None.
Fiscal Impact on Member Schools: None.

No. 6   Attendance
Intent: To require a student to be enrolled in school within 10 schools of the beginning of each semester in a school year, rather than just at the beginning of the school year.
Bylaws: Amend 11.1.2, page 45, as follows:
“The student must enroll within ten school days of the beginning of ~~a semester~~ ~~the school year~~ during which he/she wishes to represent his/her school in any branch of athletics. A student who fails to enroll within ten days of the beginning of a semester ~~the school year~~ must make up the school work he/she has missed. The principal shall submit to the Commissioner written statements from the student’s teachers that he/she has completed the school work he/she missed and is maintaining at least a 2.0 cumulative grade point average. The student must have been in school a minimum of one day for each day missed due to late enrollment before becoming eligible.”
Source: Submitted by Robert W. Hughes, Commissioner, FHSAA.
Effective Date: July 1, 2001.
Rationale: The attendance requirements for eligibility should be consistent from semester to semester.
Analysis: Currently, a student who enrolls after the 10th day of school at the beginning of the school year (i.e. fall semester) is not eligible until he/she makes up all school work missed and is in attendance for a number of days equal to the number of days past the 10th day the student was not enrolled. A student who enrolls after the 10th day of school at the beginning of the spring semester, however, is not obligated to meet such a requirement. The rule as written places a greater importance on attendance and school work missed in the fall semester than that missed in the spring semester. It also is unfair to students who play fall sports because it requires them to meet a higher standard than students who play winter and spring sports.
Fiscal Impact on Association: None.
Fiscal Impact on Member Schools: None.

No. 7   Attendance
Intent: To permit students who attend non-member public middle schools and junior high schools that do not have athletic programs to participate in interscholastic athletics at a member public school in that same school district on the middle school or junior high school level only.
Bylaws: Create new 11.1.5, page 46, as follows:
“A student enrolled in grades 6 through 8 who attends a public school that is a not a member of this Association and has no athletic program due to low student population may represent in interscholastic athletic competition a member public school which is a part of that same school district provided such participation is at the junior high/middle school level only. This student must meet all other provisions of 11.2.14.”
Source: Richard Kennedy, athletic director, Liberty County High School (Bristol); Neva P. Miller, assistant principal, Blountstown Middle School; Keith Summers, assistant principal, Blountstown High School.
Effective Date: July 1, 2001.
Rationale: To give students previously overlooked the opportunity to participate. Home education students are eligible to participate, these students deserve the same opportunity.
Staff Analysis: This proposal would extend to students enrolled in non-member public schools without athletic programs only an opportunity that would not be available to similar students enrolled in non-member private schools without athletic programs. It also would raise the issue of whether such opportunities should be extended to students enrolled in member schools – public or private – that do not sponsor a program in a particular sport.
Fiscal Impact on Association: None.
Fiscal Impact on Member Schools: None.

No. 8   Attendance
Intent: To define the terms “enrollment” and “attendance” as used in FHSAA bylaws.
Bylaws: Create new 11.1.6, page 46, as follows:
“For purposes of these bylaws, the student shall be considered enrolled in a school on the first day he or she attends a full class period in that school. The student shall be considered enrolled in that school until he or she has been officially withdrawn. This includes the period between school years. The student shall be considered in attendance at a school when he or she is physically present in class.”
Source: Robert W. Hughes, Commissioner, FHSAA.
Effective Date: July 1, 2001.
Rationale: These terms currently are not defined in FHSAA regulations. Their meanings are left to interpretations, which differ from school to school. These terms must be defined to ensure that regulations having to do with enrollment and attendance are consistently enforced.
Staff Analysis: The definitions as proposed are as they have been interpreted by the Association office for some time. By placing them into writing, any confusion or disagreements over their meaning should be eliminated.
Fiscal Impact on Association: None.
Fiscal Impact on Member Schools: None.

No. 9   Residence
Intent: To establish that students will be eligible to represent in interscholastic competition only that school which serves the attendance zone in which the student resides with his/her parent(s), guardian(s) or other individual(s) with whom he/she has resided for a full year.
Bylaws: Amend 11.3.1, page 48, as follows:
“A student must reside with his/her parents, or the same one parent or other individual with whom he/she has continuously resided for a full calendar year, in his/her school community. Until he/she has met this residence requirement he/she shall be ineligible to represent his/her school in interscholastic athletic contests. However, attendance for a full calendar year in a school other than that which serves his/her home community shall qualify a student to represent that school so far as residence is concerned.”
Note 1: Once continuous residence for a full calendar year with the same parent or other individual is achieved, the student becomes eligible and will remain eligible as long as he/she resides with that same person. However, if the student makes a change and begins residing with a different person inside or outside the same school community, the student immediately becomes ineligible.
Note 2: In the event of parental divorce or separation, the student shall remain eligible with the one parent with whom he/she continues to reside. However, the student will become ineligible if he/she makes a change in residence following the first decision.
Note 3: The Executive Committee has given the Commissioner the authority to review and approve residence cases involving a student transferring from one parent to the other parent. No decision will be rendered until five working days after receipt of the request and a $25.00 assessment has been received. All such cases must comply with the following guidelines provided by the Executive Committee: (1) the student must meet all eligibility requirements other than the residence rule; (2) the request must be documented by both parents; and (3) an annual eligibility list, transcript (if required) and application for waiver of the transfer rule (if required) must accompany the request.
shall be eligible in the school in which he or she first enrolls each school year, or makes himself or herself a candidate for an athletic team by engaging in a practice prior to enrolling in any member school. The student shall be eligible in that school so long as he or she remains enrolled in that school and meets all other eligibility requirements.”
Source: Denise Butler, principal, Apalachicola High School; Kenneth E. Daffin, principal, Cottondale High School; Chris Earley, principal, Port St. Joe High School; Sam Haywood, principal, Hawthorne High School; Richard Kennedy, athletic director, Liberty County High School (Bristol); Rocky Pace, principal, Greensboro High School; Kraig Peebles, athletic director, Branford High School; Drew Stone, principal, Trenton High School; Keith Summers, assistant principal, Blountstown High School; William F. Truby, principal, Wewahitchka High School; Tom Vickers, athletic director, Graceville High School.
Effective Date: July 1, 2001.
Rationale: The creation of a fair and equitable eligibility system restricting further efforts to gain an upper hand by recruiting.
Staff Analysis: Proposal is contrary to s. 232.63, Florida Statutes, which states that the FHSAA’s bylaws must provide that a student is eligible in the school in which he/she first enrolls, or engages in an athletic practice at prior to enrollment, each school year. Proposal utilizes notes to elaborate on the article. Notes no longer are utilized within FHSAA bylaws. Proposal makes reference to the Executive Committee, a body that no longer is in existence as part of the reorganized Association governance structure.
Fiscal Impact on Association: None.
Fiscal Impact on Member Schools: None.

No. 10   Transfers
Intent: To clarify that enrolling in a new school at the beginning of the ninth grade after completion of the eighth grade is not a transfer between schools.
Bylaws: Amend 11.4.1, page 49, as follows:
“After starting the ninth grade, a student who initially enrolls in, or engages in 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 a transfer student and therefore subject to the bylaws relating to students who transfer from one school to another. Enrollment in a school after graduation from the eighth grade shall not be considered a ‘transfer’ for purposes of Article 11.4.”
Source: Bobby Reinhart, athletic director, Berkeley Preparatory School (Tampa).
Effective Date: July 1, 2001.
Rationale: The changing of schools from the eighth grade to the ninth grade year is a natural transition time, especially for students who attended a true middle school. These students have to enroll somewhere in the ninth grade. They should not be considered “transfer students” and therefore subject to the bylaws governing the eligibility status of transfer students.
Staff Analysis: Enrollment in a new school at the beginning of any school year is not considered a transfer under existing rule. A transfer occurs only when a student changes schools during a school year after enrolling in a school for that year. Consequently, this proposal is unnecessary.
Fiscal Impact on Association: None.
Fiscal Impact on Member Schools: None.

No. 11   Transfers
Intent: To permit students who transfer schools (public to private and vice versa) during a school year to participate in interscholastic athletic competition on the sub-varsity level for the duration of the school year in the new school.
Bylaws: Amend 11.4.2, page 49, as follows:
“A student who transfers from a Florida public school which is a member of this Association, to a Florida nonpublic school that is also a member of this Association, or vice versa, following his/her initial enrollment in, or engagement in athletic practice at, a member school for that school year shall be ineligible to represent the new school he/she is attending for the duration of that school year at the varsity level.”
Source: Bobby Reinhart, athletic director, Berkeley Preparatory School (Tampa).
Effective Date: July 1, 2001.
Rationale: There typically are extenuating circumstances surrounding a mid-year transfer, and in most cases, they are for academic or social reasons. Students should not be prevented from participating in athletics as a result. To maintain controls of recruiting, however, participation should be limited to the sub-varsity level. The “Application for Waiver of the Transfer Rule” then allows students who transfer mid-year to participate in varsity athletics at the start of the next sports season.
Staff Analysis: This proposal would make an already permissive transfer rule more so. Students are permitted to enroll and be eligible in the school of their choice at the beginning of each school year. Should this proposal be adopted, these same students would then be permitted to transfer to another school or schools during the school year and retain limited eligibility. If students who transfer have extenuating reasons for doing so, they may obtain eligibility through an undue hardship proceeding.
Fiscal Impact on Association: None.
Fiscal Impact on Member Schools: None.

No. 12   Transfers
Intent: To permit students who transfer schools (public to public and private to private) during a school year to participate in interscholastic athletic competition on the sub-varsity level for the duration of the school year in the new school.
Bylaws: Amend 11.4.3, page 49, as follows:
“A student who transfers his/her attendance from one public school to another public school or from a nonpublic school to another nonpublic school following his/her initial enrollment in, or engagement in an athletic practice at, a member school for that school year shall be ineligible to represent the new school he/she is attending at the varsity level for the duration of that school year. This rule shall not apply if the change of attendance from one school to another is accompanied by a corresponding change in residence on the part of the student’s parent(s) or other individual with whom the student has lived continuously for a full calendar year, which makes it necessary for him/her to attend a different school.”
Source: Bobby Reinhart, athletic director, Berkeley Preparatory School (Tampa).
Effective Date: July 1, 2001.
Rationale: There typically are extenuating circumstances surrounding a mid-year transfer, and in most cases, they are for academic or social reasons. Students should not be prevented from participating in athletics as a result. To maintain controls of recruiting, however, participation should be limited to the sub-varsity level. The “Application for Waiver of the Transfer Rule” then allows students who transfer mid-year to participate in varsity athletics at the start of the next sports season.
Staff Analysis: This proposal would make an already permissive transfer rule more so. Students are permitted to enroll and be eligible in the school of their choice at the beginning of each school year. Should this proposal be adopted, these same students would then be permitted to transfer to another school or schools during the school year and retain limited eligibility. If students who transfer have extenuating reasons for doing so, they may obtain eligibility through an undue hardship proceeding.
Fiscal Impact on Association: None.
Fiscal Impact on Member Schools: None.

No. 13 (a)   Transfers
Intent: To clarify that a student who participates in non-school athletics on a team that is affiliated with a school other than the one the student attends or attended in the previous year and subsequently transfers to that school is considered to have done so either because he/she was recruited or for athletic reasons.
Bylaws: Amend 11.4.13, page 51, as follows:
“Participation by a student in non-school athletics (i.e., AAU, American Legion, club setting, etc.) on a team that is affiliated with any school other than the school which the student attends, or attended the prior year, followed by enrollment by that student in the affiliated ~~to that~~ school shall be considered prima facie evidence of recruiting ~~that the student was recruited~~ by the school to which that student enrolled ~~he/she transferred~~, or that the student enrolled in that school in whole or in part for athletic reasons. Unless this prima facie evidence of recruiting or that the student enrolled in the new school in whole or in part for athletic reasons is disproved by the school and the student to the satisfaction of the Commissioner, the student shall be ineligible to represent that school in interscholastic athletic competition for a period of 365 consecutive days from the date of his/her enrollment in that school. A team affiliated with the school is one that is organized by and/or coached by any member of the coaching staff at, or any other person affiliated with, that school; and/or on which the majority of the members of the team (participants in practice and/or competition) are students who attend that school.”
Source: Robert W. Hughes, Commissioner, FHSAA.
Effective Date: July 1, 2001.
Rationale: Students who participate on non-school athletic teams affiliated with schools other than the ones they attend or attended and subsequently transfer to those schools may choose to do so purely for their own personal athletic reasons without any efforts to recruit the students by those schools. This amendment will clarify that such transfers are not solely considered to be recruiting by those schools.
Staff Analysis: The FHSAA staff has identified several situations other the past couple of years in which there was no evidence that a school recruited the student through his/her participation on a non-school team affiliated with that school. To the contrary, the evidence indicated that the student had initiated the transfer on his/her own accord without being influenced to do so by the school. The bylaw as currently worded requires the Commissioner to find that the student has been recruited. This amendment will allow him/her to rule, if the evidence so indicates, that the student was not recruited by chose to transfer for athletic reasons, which still will render the student ineligible at the new school.
Fiscal Impact on Association: None.
Fiscal Impact on Member Schools: None.

No. 13 (b)   Transfers
Intent: To exempt a student who participates in individually based summer programs or camps affiliated with a school other than the one the student attends or attended and subsequently transfers to that school from a finding that such a transfer is prima facie evidence that the student was recruited or transferred for athletic reasons.
Bylaws: Amend 11.4.13, page 51, as follow:
“Participation by a student in non-school competition (i.e. AAU, American Legion, club settings, etc.) as a member of a team that is affiliated with any school other than the school which the student attends, followed by a transfer by that student to that school, shall be considered prima facie evidence that the student was recruited by the school to which he/she transferred. Unless this prima facie evidence of recruiting is disproved by the school and the student to the satisfaction of the Commissioner, the student shall be ineligible to represent that school in interscholastic athletic competition for a period of 365 consecutive days from the date of his/her enrollment in that school. A team affiliated with a school is one that is organized by and/or coached by any member of the coaching staff at, or any other person affiliated with, that school; and/or on which the majority of the members of the team (participants in practice and/or competition) are students who attend that school. The exception to this rule is individually based summer programs or camps. Youngsters participating in individually based instructional programs or camps shall not be governed by this rule.”
Source: Bobby Reinhart, athletic director, Berkeley Preparatory School (Tampa).
Effective Date: July 1, 2001.
Rationale: Students who “transfer” to a school after taking part in an individual skill based summer program or camp should be eligible to participate in athletics at the new school. Rule 11.4.13 governs the eligibility of students who participate as a member of a team affiliated with a school followed by a transfer to that school. Programs or camps for the purpose of individual skill development should be excluded from the interpretation of this rule. Many parents have to place children in summer programs due to their own work schedules. If a student “transfers” to the school where he/she attended a summer camp, their eligibility should not be taken away.
Staff Analysis: By removing the burden of proof from the students and schools, it will make it possible for schools to use individually based summer programs and camps to recruit student-athletes.
Fiscal Impact on Association: None.
Fiscal Impact on Member Schools: None.

No. 14   Eligibility Appeals and Requests for Undue Hardship Waivers
Intent: To clarify that by filing a request for an undue hardship waiver, the student and his/her school acknowledge that the student is ineligible according to FHSAA rules, and to better establish the criteria for determining the validity of an undue hardship.
Bylaws: Amend 13.1.3, page 62, as follows:
“By seeking an undue hardship waiver, the student and the member school accept the fact that the student is ineligible under the FHSAA Bylaws but are asking for a grant of waiver of those Bylaws. For the purpose of determining whether to grant or deny an undue hardship waiver pursuant to these Bylaws, the following criteria shall be followed. An undue hardship is defined as an unforeseeable, unavoidable condition or event which causes the imposition of a severe burden upon the student or his/her family. Serious injury or prolonged illness supported by a doctor’s records, or other conditions which are beyond the control of the student, that cause the student to miss school for a prolonged period of time may be considered valid reasons for requesting an undue hardship case. The fact that a student is retained in a lower grade because he/she fails to pass the required number of courses, is voluntarily withdrawn ~~withdraws~~ from school, ~~is retained~~ or repeats a lower grade ~~his/her school work~~ is not sufficient grounds for granting ~~requesting~~ an undue hardship waiver ~~case~~. The fact that a student misses school for a prolonged period of time that causes him/her to repeat a grade, or other unforeseen, unavoidable conditions or events that are/were beyond the control of the student and/or his/her parent or guardian, may be grounds for granting an undue hardship waiver request. In the event the hardship waiver request is based on time missed from school because of a serious injury or prolonged illness, the condition must be supported by a physician’s record that establishes that the absence from school is directly and solely related to such injury or illness. The fact that a student is unable to participate in interscholastic activities is not, ~~The loss of eligibility~~ in and of itself, grounds for granting ~~to be considered~~ an undue hardship waiver request.”
Source: Robert W. Hughes, Commissioner, FHSAA.
Effective Date: July 1, 2001.
Rationale: The request for an undue hardship waiver for the benefit of a student by his/her school is predicated on the knowledge that the student is ineligible. This amendment simply will clarify the difference between an undue hardship waiver and an eligibility appeal, which is predicated on the school’s belief that the Commissioner’s ruling of ineligibility is in error.
Staff Analysis: There have been instances where schools have filed appeals of a Commissioner’s ruling of ineligibility under the guise of an undue hardship waiver request. This has caused difficulties for FHSAA staff administering the cases and for the Sectional Appeals Committee’s hearing those cases. An undue hardship waiver request is filed when a school knows that a student is ineligible, but believes that there are extenuating circumstances that merit a waiver of the eligibility rules of which the student is in violation. An appeal of an eligibility ruling is filed when a school believes that a ruling of ineligibility by the Commissioner is in error.
Fiscal Impact on Association: None.
Fiscal Impact on Member Schools: None.

No. 15   Appelas of Commissioner's Findings and Requests for Waivers
Intent: To hold in abeyance the effects of a ruling by the Commissioner when a school files an appeal of that ruling until the appeal has been ruled upon by the Sectional Appeals Committee.
Bylaws: Amend 13.2.3, page 64, by adding new sub-paragraph (d), as follows:
“. . . (d) The effects of the Commissioner’s ruling shall be suspended upon receipt of the request for an appeal until the ruling has been sustained, modified or overturned by the Sectional Appeals Committee.”
Source: Gary B. Adams, principal, Westminster Christian School (Miami).
Effective Date: July 1, 2001.
Rationale: None stated.
Staff Analysis: This proposal, if adopted, will allow a school that has a student-athlete who has been declared ineligible by the Commissioner to continue to play that student-athlete simply by filing an appeal to the Sectional Appeals Committee until the appeal is ruled upon by the committee. The impact of the student-athlete’s participation, if the ruling of ineligibility is upheld, will be irreversible. It, effectively, will render the Commissioner unable to enforce the eligibility rules of the Association.
Fiscal Impact on Association: None.
Fiscal Impact on Member Schools: None.

No. 16   Appeals of Commissioner's Findings and Requests for Waivers
Intent: To hold in abeyance the effects of a ruling by the Commissioner and the subsequent sustaining of that ruling by the Sectional Appeals Committee when a school files an appeal until the appeal has been ruled upon by the Board of Directors.
Bylaws: Amend 13.2.4, page 64, as follows:
“An unfavorable decision by the Sectional Appeals Committee on an appeal or request for waiver may be appealed to the Board of Directors at its next regularly scheduled meeting by the member school principal, or other individual, if he/she takes issue with it. The effects of the Sectional Appeals Committee decision, however, shall be suspended upon the receipt of an appeal to the Board of Directors ~~final~~ until a disposition of the case by the Board of Directors. . . . “
Source: Gary B. Adams, principal, Westminster Christian School (Miami).
Effective Date: July 1, 2001.
Rationale: None stated.
Staff Analysis: This proposal, if adopted, will allow a school that has a student-athlete who has been declared ineligible by the Commissioner and the Sectional Appeals Committee to continue to play that student-athlete simply by filing an appeal to the Board of Directors until the appeal is ruled upon by the Board. The impact of the student-athlete’s participation, if the ruling of ineligibility is upheld, will be irreversible. Because of the time period between meetings of the Board of Directors, an ineligible student-athlete could complete almost an entire season – including the state championship series – while his/her case is under appeal. The only remedy available to the Association at that point is to require the school to forfeit the contests won and vacate any state championship series appearances and titles won. It, effectively, will render the Commissioner unable to enforce the eligibility rules of the Association.
Fiscal Impact on Association: None.
Fiscal Impact on Member Schools: None.