Official Bylaw Proposals of the
Fifth FHSAA Representative Assembly

Monday & Tuesday, Apr. 8-9, 2002
FHSAA Headquarters
Gainesville, Florida


SECOND PUBLICATION OF PROPOSED AMENDMENTS TO FHSAA BYLAWS
SUBMITTED BY THE MEMBERSHIP, BOARD OF DIRECTORS AND COMMISSIONER

This publication presents all proposed amendments to the FHSAA Bylaws that were properly submitted by the membership, Board of Directors and Commissioner in accordance with the February 8, 2002 deadline in the 2001-02 FHSAA Planning Calendar. The 28 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.

All of the proposed amendments in this publication are accompanied by a statement of intent, source, proposed effective date, rationale as stated by source, staff analysis (of proposals submitted by the membership), and fiscal impact statements for both schools and the Association. The effective date of each proposal adopted is July 1, 2002 unless otherwise specified.

This publication is being provided by mail to all delegates to the Representative Assembly. It is being provided to member school representatives, the news media and the general public on the FHSAA web site (www.fhsaa.org).

[Note: Pursuant to Article 14, a two-thirds majority of the votes cast by delegates to the Representative Assembly who are 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 2001-02 FHSAA Handbook.]

No. 1   Name
Intent: To change the name of the Association to reflect that the FHSAA is once again solely an athletic association and has no responsibility for non-athletic activities.
Bylaws: Amend 1.1.1, page 29, as follows:
“This Association shall be known as the Florida High School Activities Association, Inc., a non-profit corporation, and shall be a voluntary association. [Effective July 1, 2003, the name of this Association shall be the Florida High School Athletic Association, Inc., a non-profit corporation, and shall be a voluntary association. This amendment is contingent upon the Florida Legislature amending s.232.60, and any other reference to the name of the Association in Florida Statutes; as well as the successful amendment of the Association’s articles of incorporation, by the effective date.]”
Source: FHSAA Board of Directors; Commissioner Robert W. Hughes.
Effective Date: July 1, 2003.
Rationale: The FHSAA was known as the “Florida High School Athletic Association” from its founding in 1920 until 1955, when “activities” replaced “athletic” in its name to reflect its oversight of certain non-athletic activities. Effective with the 1997-98 school year, however, the FHSAA divested itself of all responsibility for non-athletic interscholastic activities. The name, therefore, should be changed back to “Florida High School Athletic Association” to reflect the Association’s true mission.
Staff Analysis: See rationale.
Fiscal Impact on Schools: None directly.
Fiscal Impact on Association: The Association will incur expenses related to filing amendments to its charter, printing new stationery, the development and promotion of a new logo, etc.

No. 2   Affiliate Membership
Intent: To clarify that students who attend affiliate member schools can only represent those schools in interscholastic athletic competition.
Bylaws: Sub-divide and amend 3.6.1, page 33, as follows:
Number first paragraph and sub-paragraphs (A-F) as 3.6.1; number second paragraph and sub-paragraphs (G-J) as 3.6.2; create new 3.6.3 to read as follows:
“A student who attends a school that is an affiliate member of this Association shall be eligible to represent in interscholastic athletic competition only the affiliate member school that he/she attends.”
Number third paragraph of 3.6.1 as 3.6.4.
Source: Commissioner Robert W. Hughes.
Effective Date: July 1, 2002.
Rationale: Students who attend full member schools are permitted to represent only the schools they attend. However, because affiliate member schools are not required to abide by all rules of the Association, there have been attempts by students in some affiliate schools to represent full members in interscholastic competition. This provision will ensure that affiliate members understand such instances cannot occur.
Staff Analysis: See rationale.
Fiscal Impact on Schools: None.
Fiscal Impact on Association: None.

No. 3   Commissioner
Intent: To stipulate that the Commissioner may investigate any rules violations and not just those alleged in writing.
Bylaws: Amend 4.4.2 sub-paragraph (J), page 39, as follows:
“(J) To investigate all alleged violations of the Bylaws, Policies or other rules of this Association that may come to his/her attention that are documented in writing and assess penalties for such violations. This includes the forfeiture of athletic contests.”
Source: Commissioner Robert W. Hughes.
Effective Date: July 1, 2002.
Rationale: The FHSAA Office frequently learns of possible rules violations through media inquiries, phone calls from the general public, etc. The Commissioner is somewhat limited in his ability to look into such “undocumented” violations, no matter how legitimate he may believe the source to be. This amendment will permit the Commissioner to investigate all possible violations no matter how they may come to his attention.
Staff Analysis: See rationale.
Fiscal Impact on Schools: None.
Fiscal Impact on Association: None.

No. 4   Annual Meeting
Intent: To stipulate that the annual meeting of the Association is the meeting of the Representative Assembly.
Bylaws: Amend 4.5.1, page 39, as follows:
“The annual meeting of the Representative Assembly shall be the annual meeting of this Association. The Association’s member schools shall be represented at the annual meeting by the duly elected members of the Representative Assembly. date and place of the annual meeting of this Association shall be set by the Board of Directors. The Commissioner shall notify all members of the Representative Assembly as to the exact time and place of the meeting not less than 30 days in advance of the date set. Member school representatives who are not members of the Representative Assembly shall have no vote at the annual meeting. Representation at the annual meeting shall be by the school’s representative to the Association as designated by the principal on the application for membership or by some member of the faculty accredited by him or her in writing prior to the meeting. The representative of each member school or his/her duly authorized representative shall be entitled to one vote. There shall be no voting by proxy at this or any other meeting.”
Source: Commissioner Robert W. Hughes.
Effective Date: July 1, 2002.
Rationale: Since the Association’s reorganization by the legislature in 1997, member schools have been unable to directly vote on any issue. They, instead, have elected delegates to represent them on the Representative Assembly. Consequently, the annual meeting as such has been the meeting of the Representative Assembly. This amendment would clarify that the meeting of the Representative Assembly is the annual meeting of the Association.
Staff Analysis: See rationale.
Fiscal Impact on Schools: None.
Fiscal Impact on Association: None.

No. 5   School Representatives
Intent: To clarify that school representatives are required to adhere to the standards of sportsmanship in all interscholastic relationships whether before, during or after an interscholastic event.
Bylaws: Amend 8.1.1, page 45, 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 at all times directly or indirectly related in any manner to all interscholastic relationships or events, whether prior to, during or following such relationship or event. 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.”
Source: Commissioner Robert W. Hughes.
Effective Date: July 1, 2002.
Rationale: Interscholastic relationships extend beyond the actual competition. Student-athletes and coaches from opposing schools interact with each other and contest officials before and after, as well as during, the competition. Spectators also are present before and after competitions and observe the behavior of student-athletes and coaches. It is imperative that all individuals involved in and with an interscholastic competition exhibit high standards of sportsmanship at all times.
Staff Analysis: See rationale.
Fiscal Impact on Schools: None.
Fiscal Impact on Association: None.

No. 6   State Championship Series
Intent: To delete the requirement that a member senior high school must sponsor a varsity program in a minimum of two (2) sports sanctioned by the Association during each sports season.
Bylaws: Delete 9.7.1, page 49, 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 and sponsor a varsity program in a minimum of two (2) sports sanctioned by this Association during each sports season. 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."
Renumber subsequent articles.
Source: JoAnn DesMarais, Sports Director, St. Johns Academy (Ponte Vedra Beach).
Effective Date: July 1, 2002.
Rationale: A two-sports-per-season requirement for a newly started school with a low (but growing) student population does not allow fair treatment to the students who are on the only team sport that they have managed to form thus far. Having at least one sport that can be played at district competition level will enable a school to gain students and more sports (teams) will then follow. Not allowing district competition hinders he school’s ability to attract more students and thus grow. Presently this article discriminates against the existing participants causing less sports participation (due to hindered school population growth) in the long run.
Staff Analysis: The source of this proposal seeks to repeal the provision adopted last year by the Representative Assembly that requires member senior high schools to sponsor a varsity program in a minimum of two sports during each of the three sports seasons to be eligible to participate in the FHSAA state championship series in any sport. The proposal, however, as submitted would repeal all of Bylaw 9.7.1, which is the bylaw that authorizes the Association to conduct a state championship series. Without this bylaw the Association will have no authority to conduct a state championship series.
Fiscal Impact on Schools: The Association will be forced to increase membership dues and other fees to compensate for the revenue lost from the discontinuance of state championship series competitions.
Fiscal Impact on Association: Approximately 50 percent of the Association’s revenue comes from state championship series competitions. The inability to conduct such competitions will place the Association in dire financial straits.

No. 7   State Championship Series
Intent: That public schools be afforded equal opportunity in the FHSAA state championship series.
Bylaws: Create new 9.7.2, page 49, 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 classifications shall be determined by the Board of Directors, provided however, that the student populations for nonpublic schools, i.e., private schools, shall be multiplied by a factor of 1.5 for the assignment of such schools to classifications.”
Renumber 9.7.2 as 9.7.3
Source: Shane Andrew, Athletic Director, Hawthorne High School; Dale Braddock, Principal, Hilliard Middle-Senior High School; Chris Earley, Principal, Port St. Joe High School; James E. Edwards, Principal, Sneads High School; Thomas J. Ereditario, Principal, Fort Meade Middle-Senior High School; Paul “Bo” Galloway, Athletic Director, Baldwin Middle-Senior High School; Mike Gates, Athletic Director, Roulhac Middle School (Chipley); Neva Miller, Assistant Principal, Blountstown Middle School; Rocky Pace, Principal, Greensboro High School; Harriett Peacock, Principal, Altha High School; Kraig Peebles, Athletic Director, Branford High School; Jerry M. Register, Principal, Liberty County High School (Bristol); Keith Summers, Assistant Principal, Blountstown High School; William F. Truby, Principal, Wewahitchka High School.
Effective Date: July 1, 2002 (will be implemented with the 2003-04/2004-05 classification cycle).
Rationale: Enrollment factors should drive classification, and since public schools cannot control enrollment and private schools can, greater weight should be imposed on a private school when counting students for athletic classification purposes.
Staff Analysis: Proposal would require staff to multiple each private 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 Schools: None.
Fiscal Impact on Association: None.

No. 8   Season Limitations
Intent: To permit coaches to have contact with their athletes without having to include athletes from outside the school thus permitting the coach to work with his/her own athletes. Presently many schools use a “dummy” coach while the actual school coach remains in the background.
Bylaws: Amend 9.8.2, page 49, 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 Senior High School.
Effective Date: July 1, 2002.
Rationale: The so-called 50/50 rule is extremely difficult to enforce in the large metropolitan areas and equally difficult to follow in small school districts where there might be only one high school.
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 Schools: None.
Fiscal Impact on Association: None.

No. 9   Use of Registered Officials
Withdrawn.

No. 10   Attendance
Intent: To clarify the terms enroll, enrolled, enrollment, etc.
Bylaws: Create new 11.1.1.1, page 52, as follows:
“For the purpose of all FHSAA eligibility bylaws, enroll shall be defined as the first date of attendance.”
Source: Richard Finlayson, Principal, Aucilla Christian Academy (Monticello).
Effective Date: July 1, 2002.
Rationale: To clarify the terms enroll, enrolled, enrollment, etc.
Staff Analysis: Florida School Law defines enrollment for public schools as being the date on which a student first attends classes. This proposal would incorporate this definition into the Bylaws for the purposes of determining athletic eligibility.
Fiscal Impact on Schools: None.
Fiscal Impact on Association: None.

No. 11   Academic Standing
Intent: To allow schools whose last day of the first semester coincides with the beginning of the winter holidays to have seven calendar days after the students return to school after the winter holidays to determine eligibility since most teacher contracts give the teachers two working days to turn in their grades. The current bylaw requires GPA’s to be determined before the teachers are required to submit grades.
Bylaws: Amend 11.2.8, page 54, as follows:
“All work required for credit must be completed before the last day of the semester, without any extension of time. Should the last day of the semester coincide with the last day of school for the winter holidays, the time period for all work required for credit will be extended through the winter holidays. The only exceptions to this rule are for courses such as agriculture which have projects that cannot be completed until late summer.”
Source: Ralph Gilchrest, Principal, Lake Gibson High School (Lakeland).
Effective Date: July 1, 2002.
Rationale: The new sentence would make it possible for schools whose end of first semester coincides with the beginning of winter holidays to determine GPA’s after the teachers have submitted their grades and also give students time to make up work during the winter holidays.
Staff Analysis: This provision would extend a student’s eligibility status during the first semester through the winter holidays. If a student was eligible during the fall semester he/she would remain eligible through the holidays. If a student was ineligible during the fall semester he/she would remain ineligible through the holidays.
Fiscal Impact on Schools: None.
Fiscal Impact on Association: None.

No. 12   Academic Standing
Intent: To allow schools whose last day of the first semester coincides with the beginning of the winter holidays to have seven calendar days after the students return to school after the winter holidays to determine eligibility since most teacher contracts give the teachers two working days to turn in their grades. The current bylaw requires GPA’s to be determined before the teachers are required to submit grades.
Bylaws: Amend 11.2.10, page 55, 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. Should the last day of the semester coincide with the last day of school for the winter holidays, the seventh calendar day count will begin with the first day the students return to school after the winter holidays. In order to be declared eligible for the succeeding semester, the student must have been enrolled in, been in regular attendance at, and received grades for all courses taken during the previous two consecutive semesters.”
Source: Ralph Gilchrest, Principal, Lake Gibson High School (Lakeland).
Effective Date: July 1, 2002.
Rationale: The new sentence would make it possible for schools whose end of first semester coincides with the beginning of winter holidays to determine GPA’s after the teachers have submitted their grades and also give students time to make up work during the winter holidays.
Staff Analysis: This provision would extend a student’s eligibility status during the first semester through the winter holidays. If a student was eligible during the fall semester he/she would remain eligible through the holidays. If a student was ineligible during the fall semester he/she would remain ineligible through the holidays.
Fiscal Impact on Schools: None.
Fiscal Impact on Association: None.

No. 13   Academic Standing
Intent: To allow schools whose last day of the first semester coincides with the beginning of the winter holidays to have seven calendar days after the students return to school after the winter holidays to determine eligibility since most teacher contracts give the teachers two working days to turn in their grades. The current bylaw requires GPA’s to be determined before the teachers are required to submit grades.
Bylaws: Amend 11.2.13, page 55, as follows:
“It shall be the duty of the principal to have each student’s record checked at the end of each semester and to declare the student eligible or ineligible for the following semester based upon the cumulative grade point average attained by the student, including the grades originally reported by the student’s teachers on the last day of the semester. A student who was 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. Should the last day of the semester coincide with the last day of school for the winter holidays, the seventh calendar day count will begin with the first day the students return to school after the winter holidays. ‘Originally reported’ means the completion of school work necessary to earn a passing grade by the end of the semester. A grade of ‘incomplete’ originally reported by a teacher, at the end of a semester, is considered a failing grade. If a student is ill or out of school, based on an excused absence, on conclusion of the semester, he/she must be withheld from competition until the school work has been made up if the failure recorded for the ‘incomplete’ grade results in the student’s inability to comply with the minimum grade point average as required by statute. The Commissioner shall be notified in writing in such cases by the principal of the member school.”
Source: Ralph Gilchrest, Principal, Lake Gibson High School (Lakeland).
Effective Date: July 1, 2002.
Rationale: The new sentence would make it possible for schools whose end of first semester coincides with the beginning of winter holidays to determine GPA’s after the teachers have submitted their grades and also give students time to make up work during the winter holidays.
Staff Analysis: This provision would extend a student’s eligibility status during the first semester through the winter holidays. If a student was eligible during the fall semester he/she would remain eligible through the holidays. If a student was ineligible during the fall semester he/she would remain ineligible through the holidays.
Fiscal Impact on Schools: None.
Fiscal Impact on Association: None.

No. 14   Residence
Intent: To change the term “transfers to” to “enrolls in” as Article 11.3.1 to which this bylaw refers addresses only enrollment at the beginning of a school year.
Bylaws: Amend 11.3.3, page 56, as follows:
“A student who, after initially enrolling in, or engaging in an athletic practice at, any 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 and subsequently enrolls in transfers to a new school as the result of that move, shall be eligible the following week so far as residence is concerned. The student shall be eligible on the sixth day following his/her enrollment.”
Renumber subsequent articles.
Source: Commissioner Robert W. Hughes.
Effective Date: July 1, 2002.
Rationale: Bylaw 11.3.1 states that a student is eligible in the school in which he/she first enrolls at the beginning of a school year. Subsequent articles in Section 11.3, therefore, should make reference only to the enrollment of a student in that same school or any other school. Section 11.4, “Transfer,” contains bylaws dealing with transfer students.
Staff Analysis: See rationale.
Fiscal Impact on Schools: None.
Fiscal Impact on Association: None.

No. 15   Residence
Intent: To change the term “transfers to” to “enrolls in” as Article 11.3.1 to which this bylaw refers addresses only enrollment at the beginning of a school year.
Bylaws: Amend 11.3.4, page 56, as follows:
“A student who, after initially enrolling in, or engaging in an athletic practice at, any school 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 enrolls in transfers to a new school as a result of the move, shall be ineligible so far as residence is concerned.”
Renumber subsequent articles.
Source: Commissioner Robert W. Hughes.
Effective Date: July 1, 2002.
Rationale: Bylaw 11.3.1 states that a student is eligible in the school in which he/she first enrolls at the beginning of a school year. Subsequent articles in Section 11.3, therefore, should make reference only to the enrollment of a student in that same school or any other school. Section 11.4, “Transfer,” contains bylaws dealing with transfer students.
Staff Analysis: See rationale.
Fiscal Impact on Schools: None.
Fiscal Impact on Association: None.

No. 16   Residence
Intent: To eliminate from the bylaws a specific definition of what constitutes a school community.
Bylaws: Delete 11.3.5, page 56, as follows:
"The school which serves the community in which he/she lives shall be that school designated by the District School Board as the one to which the students living in his/her neighborhood should go, regardless of whether or not the District School Board undertakes to require attendance at that school. If the District School Board makes no effort to zone the county for school communities, the school which serves a student’s community shall be considered that school which a majority of those students living in the same area in which he/she lives attend." Renumber 11.3.6 as 11.3.5.
Source: Commissioner Robert W. Hughes.
Effective Date: July 1, 2002.
Rationale: The definition of a school community no longer is pertinent to the Association’s residence rules. Many school districts have adopted controlled open enrollment plans that have made traditional attendance zones obsolete.
Staff Analysis: See rationale.
Fiscal Impact on Schools: None.
Fiscal Impact on Association: None.

No. 17   Transfers
Intent: To clarify that the provisions regarding the transfer of schools are the same from one member school to another or from a non-member school to a member school regardless of whether the schools between which a student transfers are public or nonpublic.
Bylaws: Consolidate 11.4.2 and 11.4.3, pages 56-57, into new 11.4.2 as follows:
“A student who enrolls in a member school following his/her initial enrollment in, or engagement in an athletic practice at, another school for that school year shall be ineligible to represent the new school he/she is attending 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.”
Renumber subsequent articles.
Source: Commissioner Robert W. Hughes.
Effective Date: July 1, 2002.
Rationale: Existing 11.4.2 governs a transfer from public school to public school or from private school to public school. Existing Bylaw 11.4.3 governs a transfer from public school to a private school. The established provisions do not treat both transfer situations equally. The proposal will ensure that all transfer students are treated equally regardless of whether they are transferring from a public school to another public school, a public school to a private school, a private school to a public school, or a private school to another private school.
Staff Analysis: See rationale.
Fiscal Impact on Schools: None.
Fiscal Impact on Association: None.

No. 18   Transfers
Intent: To require that a principal must either approve or disapprove an application for waiver of the transfer rule over his/her signature, and adjust references to 11.4.2 and 11.4.3 should Proposal 14 on their consolidation be adopted.
Bylaws: Renumber 11.4.5, page 57, as 11.4.3 and amend as follows:
“The provisions of Article Articles 11.4.2 and 11.4.3 may be waived if the benefit of athletic eligibility is requested in writing by the principal of the school to which he/she transfers and the principal of the school from which he/she transfers consents to such waiver in writing on a form to be furnished by the Commissioner. To be effective as a waiver of the provisions of Article Articles 11.4.2 or 11.4.3, the properly executed original form must be filed in the office of this Association together with the annual eligibility report for the requesting school. Such waiver is not effective until both the annual eligibility report and the original application for waiver of the transfer rule are received in the office of this Association. A principal should consider not approving refusing to sign an application for waiver of the transfer rule when:
(A) recruiting is suspect;
(B) a student is suspected of for transferring in whole or in part for athletic reasons; or
(C) a student is transferring because of disciplinary reasons and/or misconduct.
HOWEVER, a A student who transfers to a member school without a corresponding change of 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, on or after the beginning of any sports season (first day of practice) shall not be eligible to compete in that sport for the duration of that school year.”
Renumber 11.4.6 as 11.4.5 and all articles in 11.4 thereafter.
Source: Commissioner Robert W. Hughes.
Effective Date: July 1, 2002.
Rationale: Bylaw 11.4.5 currently permits a principal to forgo signing an application for waiver for any one of three stated reasons; in effect, denying a student his/her eligibility at the school to which he/she is transferring without stating for the record the reason. Although the form currently asks that one of the three reasons be checked and that the principal sign the form regardless of whether the transfer is approved or denied, some principals continue to refuse to do so as it is permitted by 11.4.5. This proposal will delete from 11.4.5 the language that permits a principal to “refuse to sign” the waiver form.
Staff Analysis: See rationale.
Fiscal Impact on Schools: None.
Fiscal Impact on Association: None.

No. 19   Transfers
Intent: That the rule be applied only to high school students. We do not believe rule 11.4.6 should apply to middle school or junior high students.
Bylaws: Amend 11.4.7, page 57, as follows:
“A high school 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.”
Source: Gerard Albert, Athletic Director, Coral Springs Charter School.
Effective Date: July 1, 2002.
Rationale: A school like ours (Coral Springs Charter School), which accepts students by way of a “lottery,” has many students on the waiting list for months before they are accepted. Thus, there are students entering the school throughout the year who would have entered the school months earlier, had they been selected. Quite often, these students enter after the first day of practice for a particular sport and are unable to tryout for that sport, because we draw most of our students from the Broward County Public Schools – where the middle schools are NOT members of the FHSAA. Thus, many of our “new” students are deprived the opportunity to go out for our middle school and junior varsity level teams.
Staff Analysis: Bylaw 11.4.7 was adopted to prevent students from transferring from a member school to a non-member school and then to a second member school without loss of eligibility. As written, it treats students who transfer from non-member schools to member schools the same as students who transfer between member schools. Schools such as Coral Springs Charter School who have students negatively impacted by 11.4.7 can seek a waiver of its provisions from the Sectional Appeals Committee.
Fiscal Impact on Schools: None.
Fiscal Impact on Association: None.

No. 20   Transfers
Intent: That students who participate in club activities be allowed to transfer without loss of eligibility if the principal from the previous school releases the student via a transfer release form.
Bylaws: Amend 11.4.13, page 58, as follows:
“Participation by a student in non-school activities (i.e., AAU, American Legion, club settings, 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 school shall be considered prima facie evidence of recruiting by the school to which the student enrolled, 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 student to the satisfaction of the Commissioner, the student shall be ineligible to represent that school in interscholastic competition for a period of 365 consecutive days from the date of his/her enrollment in that school. The Commissioner, in making his/her decision in these matters, should give serious consideration to the opinion of the principal of the school losing the student whether recruiting has occurred or whether the decision of the student to enroll in another school was made for athletic reasons. 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: Frank Prendergast, Athletic Director, Lake Highland Preparatory School (Orlando).
Effective Date: July 1, 2002.
Rationale: Students who participate in some club activities may transfer for academic reasons and lose eligibility under the current bylaw.
Staff Analysis: Bylaw 11.4.13 has had a powerful effect as a compliment to this Association’s Policy on Recruiting. The proposed amendment will weaken the impact of this bylaw on recruiting for the following reasons: (1) Students in grades 6-12 who participate in athletic activities that are provided by schools prior to enrollment in those schools are ineligible for 365 days. Bylaw 11.4.13 discourages students from changing schools after such participation. Students often select schools because they like the facilities and coaches of schools providing athletic activities. Example: A school with an aquatics center offering out-of-school age group swimming competition has a powerful advantage in attracting swimming talent in their area from students in grades 6-12. (2) Principals of non-member schools are not familiar with the rules and regulations of this Association. Therefore, they are not the most persuasive people to consult in determining whether or not students have enrolled in a school after participating in an out-of-school athletic program. (3) Use of the waiver of transfer rule (Form F143) is intended for students for students to change schools without changing addresses after a school year begins. It requires knowledge from the sending principal as he/she answers the required questions. The principal of a non-member middle school or high school is not qualified to make determinations concerning FHSAA eligibility regulations.
Fiscal Impact on Schools: None.
Fiscal Impact on Association: None.

No. 21   Transfers
Intent: To not exclude and/or deny eligibility to students who move into a particular school district.
Bylaws: Amend 11.4.13, page 58, as follows:
“Participation by a student in non-school activities (i.e., AAU, American Legion, club settings, 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 school without a corresponding change of address shall be considered prima facie evidence of recruiting by the school to which the student enrolled, 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 student to the satisfaction of the Commissioner, the student shall be ineligible to represent that school in interscholastic 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: Dave Samler, Athletic Director, St. Stephen’s Episcopal School (Bradenton).
Effective Date: July 1, 2002.
Rationale: Many families move to Florida. If a student and his/her family move to Florida after their school year ends, they may want to get involved in a summer athletic program of some kind. The student randomly gets on a roster to play summer ball. If this student plays on a team affiliated with the school they eventually enroll in, they will be ineligible. The same would be true for a student who moves within the state of Florida between school years.
Staff Analysis: Bylaw 11.4.13 has had a powerful effect as a compliment to this Association’s Policy on Recruiting. The proposed amendment will weaken the impact of this bylaw on recruiting. Students in grades 6-12 who participate in athletic activities that are provided by schools prior to enrollment in those schools are ineligible for 365 days. Bylaw 11.4.13 discourages students from changing schools after such participation. Students often select schools because they like the facilities and coaches of schools providing athletic activities. Example: A school with an aquatics center offering out-of-school age group swimming competition has a powerful advantage in attracting swimming talent in their area from students in grades 6-12. Situations such as the ones cited by the source are reviewed by the FHSAA Office on a case-by-case basis. Rulings of ineligibility can be processed through the Sectional Appeals Committee.
Fiscal Impact on Schools: None.
Fiscal Impact on Association: None.

No. 22   Limit of Eligibility
Intent: To enable students to maintain athletic eligibility throughout the four consecutive school years upon initial enrollment of ninth grade.
Bylaws: Amend 11.5.1, page 60, as follows:
“A student shall be eligible for no more than four (4) consecutive academic years upon initial enrollment in the ninth (9th) grade first successful completion of the eighth (8th) grade as defined by the pupil progression plan of the school in which the student is enrolled. Four years from the date he or she initially enrolls in the ninth grade, from the date he or she successfully completes the eighth grade, he or she shall become ineligible for further interscholastic athletic competition. A student who does not attend school, repeats any grade, is declared ineligible to participate, or otherwise fails to exercise the opportunity to participate for any reason for any length of time during this four-year period shall not be entitled to any additional period of eligibility. Original school records shall be submitted to the Commissioner in the event of conflicting information as to the first date of enrollment into ninth grade date of first successful completion of the eighth grade.”
Source: Alan Stock, Principal, The First Academy (Orlando).
Effective Date: July 1, 2002.
Rationale: The rationale is to prevent students from being unfairly penalized (although the intent is not to penalize) as a result of a parental and/or school personnel decision to repeat a grade based on information or circumstances that prove to be in the best overall interest of the student.
Staff Analysis: Bylaw 11.5.1 as written prevents the red-shirting of student-athletes. Changing the bylaw as proposed will allow students to be held back in the eighth grade for any reason, including intentional red-shirting to gain the student more physical maturity in his/her high school years.
Fiscal Impact on Schools: None.
Fiscal Impact on Association: None.

No. 23   Limit of Eligibility
Intent: To enable students to maintain athletic eligibility throughout the four consecutive school years upon initial enrollment of ninth grade.
Bylaws: Amend 11.5.3, page 60, as follows:
“Participation or non-participation in the sixth, seventh, and/or eighth grades shall not affect a student’s eligibility after entering the ninth grade. A student shall have four consecutive years of opportunity for eligibility after his/her initial enrollment of the ninth grade first successful completion of the eighth grade.
Source: Alan Stock, Principal, The First Academy (Orlando).
Effective Date: July 1, 2002.
Rationale: The rationale is to prevent students from being unfairly penalized (although the intent is not to penalize) as a result of a parental and/or school personnel decision to repeat a grade based on information or circumstances that prove to be in the best overall interest of the student.
Staff Analysis: Bylaw 11.5.1 as written prevents the red-shirting of student-athletes. Changing the bylaw as proposed will allow students to be held back in the eighth grade for any reason, including intentional red-shirting to gain the student more physical maturity in his/her high school years.
Fiscal Impact on Schools: None.
Fiscal Impact on Association: None.

No. 24   Unsportsmanlike Conduct
Intent: To clarify that students must adhere to the principles of good sportsmanship and ethics not simply during the actual competition, but during related activities before and after the competition.
Bylaws: Amend 11.11.1, page 63, as follows:
“Students shall adhere to the principles of good sportsmanship and the ethics of competition prior to, during and following all interscholastic athletic contests in which they represent their school. The Board of Directors shall establish penalties for students who violate these principles and ethics which may include barring such students for a period of time from participation in future interscholastic athletic contests.”
Source: Robert W. Hughes, Commissioner.
Effective Date: July 1, 2002.
Rationale: Interscholastic relationships extend beyond the actual competition. Student-athletes from opposing schools interact with each other, coaches and contest officials before and after, as well as during, the competition. Spectators also are present before and after competitions and observe the behavior of student-athletes. It is imperative that all student-athletes exhibit high standards of sportsmanship at all times.
Staff Analysis: See rationale.
Fiscal Impact on Schools: None.
Fiscal Impact on Association: None.

No. 25   Penalty For Violating Rules
Intent: To clarify that the costs of any investigation for which the Association is entitled to reimbursement includes attorney’s fees, legal fees and all other related costs.
Bylaws: Amend 12.1.2, page 67, as follows:
“A member school which is found to have violated the Bylaws, Policies or other rules of this Association following investigation by the Commissioner shall pay to this Association all expenses incurred by this Association related to such violation including, but not limited to, the cost costs of the investigation, attorney’s fees and legal costs, and all other related costs in addition to fines and penalties assessed.”
Source: Robert W. Hughes, Commissioner.
Effective Date: July 1, 2002.
Rationale: Appeals filed by member schools arising from decisions of the Commissioner following investigations more frequently are involving attorneys. To ensure that its legal rights are protected, the Association must utilize the services of its attorney. Less frequently, the Association is challenged in court. Such lawsuits can quickly generate significant attorney’s fees and legal costs. It is, and has been, the practice of the Association to require the member school filing the appeal or lawsuit to reimburse the Association for all legal fees should the school lose its appeal or case as part of the “costs of the investigation.” Otherwise, all member schools must equally share in the payment of such legal fees. This proposal, if adopted, will clarify that the “costs of the investigation” do include attorney’s fees and other legal costs.
Staff Analysis: See rationale.
Fiscal Impact on Schools: Legal fees assessed member schools could be subject to increase should it ever be ruled by a court that attorney’s fees and other legal costs are not part of the “costs of the investigation” as currently stipulated in the bylaw.
Fiscal Impact on Association: Will assist the Association in recovering attorney’s fees and legal costs when it is required to defend actions taken against member schools that violate rules.

No. 26   Penalty For Violating Rules
Intent: To eliminate the time limitation on violations that can be investigated by the Commissioner.
Bylaws: Delete 12.1.4, page 67, 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.”
Source: Robert W. Hughes, Commissioner.
Effective Date: July 1, 2002.
Rationale: Rules violations committed by member schools going back two or more years sometimes are discovered by FHSAA staff during the course of an investigation into unrelated situations. This bylaw prohibits the Commissioner from investigating these “old” violations even to the point of attempting to establish a pattern of violations by the offending school. All violations of the rules of this Association should be subject to investigation by the Commissioner when they are discovered, regardless of when they may have occurred.
Staff Analysis: See rationale.
Fiscal Impact on Schools: None.
Fiscal Impact on Association: None.

No. 27   Appeals of Commissioner's Findings and Requests for Waivers
Intent: To clarify that the Association is entitled to recover its attorney fees in processing appeals filed by member schools in which the findings of the Commissioner or the penalty as imposed are upheld.
Bylaws: Amend 13.2.1, page 71, as follows:
“The principal of a member school or his/her designee, of any other individual, who is found to be in violation of the rules of this Association by the Commissioner, whether or not such finding results in the imposition of penalty, may appeal the finding of the Commissioner if he/she takes issue with it, or may appeal the penalty imposed, if any, if he/she, while not disagreeing with the finding, believes the penalty to be too severe. The appeal must be filed so that it is received in the office of this Association within ten (10) business days of the receipt of the Commissioner’s finding and/or notification of the imposition of penalty. Failure to file an appeal so that it is received in the office of this Association within the ten (10) business days shall be deemed a waiver of the right to appeal as granted herein. The cost of the appeal, including the Association’s attorney fees, shall be borne by the appellant if the finding of the Commissioner or the penalty as imposed is upheld. Appeals shall be considered by the Sectional Appeals Committee, which serves the administrative section in which the petitioning school is located, only at a regularly scheduled meeting. If, however, the finding of the Commissioner arises from a situation involving or affecting member schools in more than one administrative section, or the finding results in the imposition of a penalty of restrictive probation, suspension probation or expulsion against a member school, an appeal of that finding shall be forwarded directly to the Board of Directors.”
Source: Robert W. Hughes, Commissioner.
Effective Date: July 1, 2002.
Rationale: Appeals filed by member schools arising from decisions of the Commissioner following investigations more frequently are involving attorneys. To ensure that its legal rights are protected, the Association must utilize the services of its attorney. Less frequently, the Association is challenged in court. Such lawsuits can quickly generate significant attorney’s fees and legal costs. It is, and has been, the practice of the Association to require the member school filing the appeal or lawsuit to reimburse the Association for all legal fees should the school lose its appeal or case. Otherwise, all member schools must equally share in the payment of such legal fees. This proposal, if adopted, will clarify that the “costs of the appeal” do include attorney’s fees and other legal costs.
Staff Analysis: See rationale.
Fiscal Impact on Schools: Legal fees assessed member schools could be subject to increase should it ever be ruled by a court that attorney’s fees and other legal costs are not part of the “costs of the investigation” as currently stipulated in the bylaw.
Fiscal Impact on Association: Will assist the Association in recovering attorney’s fees and legal costs when it is required to defend actions taken against member schools that violate rules.

No. 28   Findings Arising From Disputes Between Member Schools
Intent: To clarify that the Association is entitled to recover its attorney fees in processing appeals filed by member schools in which the findings of the Commissioner are upheld.
Bylaws: Amend 13.3.1, page 73, as follows:
“A member school principal or his/her designee may appeal a finding by the Commissioner which arises from a dispute between his/her school and one or more other member schools. The appeal must be filed so that it is received in the office of this Association within ten (10) business days of the receipt of the Commissioner’s finding. Failure to file an appeal so that it is received in the office of this Association within the ten (10) business days allowed shall be deemed a waiver of the right to appeal as granted herein. The cost of the appeal, including the Association’s attorney fees, shall be borne by the appellant if the finding of the Commissioner is upheld. If all member schools which are parties to the dispute are located within the same administrative section, the appeal shall be heard by the Sectional Appeals Committee in that administrative section. If, however, one or more of the member schools which are parties to the dispute is/are located in different administrative sections, the appeal must be heard by the Board of Directors. A decision by the Sectional Appeals Committee, which shall be by majority vote, may be appealed to the Board of Directors pursuant to the provisions of Article 13.2.4. An appearance by the principal or his/her designee of one or all of the member schools which are parties to the dispute before the Sectional Appeals Committee and/or the Board of Directors may be required. Such an appearance, in all cases, shall be deemed permissible if the principal(s) or his/her/their designees request an appearance. The Board of Directors is empowered to sustain, modify or overturn the decision of the Commissioner in each case which comes before it. The decision of the Board of Directors in each case shall be by majority vote and shall be final.”
Source: Robert W. Hughes, Commissioner.
Effective Date: July 1, 2002.
Rationale: Appeals filed by member schools arising from decisions of the Commissioner following investigations more frequently are involving attorneys. To ensure that its legal rights are protected, the Association must utilize the services of its attorney. Less frequently, the Association is challenged in court. Such lawsuits can quickly generate significant attorney’s fees and legal costs. It is, and has been, the practice of the Association to require the member school filing the appeal or lawsuit to reimburse the Association for all legal fees should the school lose its appeal or case. Otherwise, all member schools must equally share in the payment of such legal fees. This proposal, if adopted, will clarify that the “costs of the appeal” do include attorney’s fees and other legal costs.
Staff Analysis: See rationale.
Fiscal Impact on Schools: Legal fees assessed member schools could be subject to increase should it ever be ruled by a court that attorney’s fees and other legal costs are not part of the “costs of the investigation” as currently stipulated in the bylaw.
Fiscal Impact on Association: Will assist the Association in recovering attorney’s fees and legal costs when it is required to defend actions taken against member schools that violate rules.

No. 29   Procedures In Cases of Expulsion
Intent: To clarify that the Association is entitled to recover its attorney fees in processing appeals filed by member schools in which the findings of the Commissioner are upheld.
Bylaws: Amend 13.4.1, pages 74-75, as follows:
“When the Commissioner believes that his/her preliminary findings in any investigation into any violation of any rule of this Association warrants the expulsion of a school from membership in this Association, the following procedure shall be followed:
(A) The Commissioner shall notify the principal of the accused school of his/her preliminary findings and shall set a date for a hearing on the allegations and preliminary findings. The date of this hearing shall be by mutual agreement of the Commissioner and the principal of the accused school, but shall be not less than five (5) working days and not more than fifteen (15) working days from the date the notice is mailed by certified or registered mail to the principal of the accused school from the office of this Association unless the principal of the accused school can show just cause for a reasonable delay in the hearing. The site of the hearing shall be in the office of this Association.
(B) During the hearing, which shall be conducted by the Commissioner or his/her designee, the accused school may have an attorney present, and may present witnesses, testimony, and any other relevant evidence or information for consideration by the Commissioner. The Commissioner may also request, or allow, the presentation of witnesses, testimony, and any other relevant evidence or information by another member school(s) which may have been affected by, or have direct knowledge of, the violations which the accused school is alleged to have committed.
(C) Following the hearing, the Commissioner shall reach a conclusion as to his/her findings, shall make a final decision as to the disciplinary action, if any, to be taken against the accused school, and shall notify the principal of the accused school of the findings and the disciplinary action, if any, to be imposed. If it is the final determination of the Commissioner that the accused school be expelled from membership in this Association, he/she shall further notify the principal of the accused school that such expulsion shall be effective on a date not less than ten (10) business days from the date on which the final decision is rendered. The Commissioner shall inform the principal of the accused school of his/her right to request an appeal of the Commissioner’s findings and decision to expel his/her school from membership in the Association within five (5) business days. The request for appeal must be in writing and must be received in the office of this Association within the five (5) day limit. Failure to file a request for an appeal so that it is received in the office of this Association within the five (5) day limit shall be deemed a waiver of the right to appeal as granted herein. The cost of the appeal, including the Association’s attorney fees, shall be borne by the appellant if the finding and decision of the Commissioner are upheld. If the principal of the accused school properly requests such an appeal, the Commissioner shall schedule the appeal to be heard by the Board of Directors prior to the date on which expulsion of the accused school is to occur. If the Board of Directors is scheduled to meet prior to that date, the appeal will be heard during its regularly scheduled meeting. If, however, the Board of Directors is not scheduled to meet prior to that date, a special meeting of the Board of Directors shall be called for the express purpose of hearing the appeal of the accused school.
(D) During the hearing of the appeal by the Board of Directors, the accused school may have an attorney present, may present witnesses, testimony, and any other relevant evidence or information for consideration by the Board of Directors. The Commissioner may also may present witnesses, testimony, and any other relevant evidence or information for consideration by the Board of Directors. After hearing the evidence and arguments, the Board of Directors shall render its decision by majority vote. The Board of Directors is empowered to sustain, modify or overturn the decision of the Commissioner in each case which comes before it. The decision of the Board of Directors shall be final.”
Source: Robert W. Hughes, Commissioner.
Effective Date: July 1, 2002.
Rationale: Appeals filed by member schools arising from decisions of the Commissioner following investigations more frequently are involving attorneys. To ensure that its legal rights are protected, the Association must utilize the services of its attorney. Less frequently, the Association is challenged in court. Such lawsuits can quickly generate significant attorney’s fees and legal costs. It is, and has been, the practice of the Association to require the member school filing the appeal or lawsuit to reimburse the Association for all legal fees should the school lose its appeal or case. Otherwise, all member schools must equally share in the payment of such legal fees. This proposal, if adopted, will clarify that the “costs of the appeal” do include attorney’s fees and other legal costs.
Staff Analysis: See rationale.
Fiscal Impact on Schools: Legal fees assessed member schools could be subject to increase should it ever be ruled by a court that attorney’s fees and other legal costs are not part of the “costs of the investigation” as currently stipulated in the bylaw.
Fiscal Impact on Association: Will assist the Association in recovering attorney’s fees and legal costs when it is required to defend actions taken against member schools that violate rules.