Waiver of Postseason Ineligibility

Waiver upon submission of necessary documentation. A District Committee may waive the period of post-season ineligibility upon demonstration by the student that the transfer was necessitated by exceptional and unusual circumstances beyond the reasonable control of the student’s family.  The District Committee may grant such waiver without a hearing upon receipt of appropriate supporting documentation, as set forth below, demonstrating that a waiver is justified.  Requests lacking the required documentation, or, in the opinion of the Committee, providing inadequate documentation, will not be considered for waiver on the paperwork but may still be considered under Subsection 2 below.

• A transfer following a local child welfare agency approved change in residence;

Documentation required:  proof of child welfare organization approval of change of residence.

• A school-initiated administrative transfer within a school district;

Documentation required:  the official school district transfer document.

• A transfer following a court order directing such transfer or change in residence;

Documentation required:  copy of the court order.

• A transfer caused by a military reassignment of a parent;

Documentation required:  copy of the military transfer document.

• A transfer caused by release from a juvenile facility;

Documentation required:  copy of the official release document.

• A transfer following a school’s decision to terminate its interscholastic athletic program;

Documentation required:  copy of the minutes or directives confirming the school’s official action.

• A transfer following a bona fide change of residence resulting from a change in employer of a parent;

Documentation required:  proof of (1) new residential arrangements (lease or purchase documents); and (2) the change of employer (a job reclassification or shift hours change with a current employer will not support a request under this provision).

• A transfer following an involuntary substantial change in financial condition and resources that compels withdrawal from a school.

Documentation required:  documents showing (1) a substantial reduction in family income and, (2) that tuition assistance was sought and denied or was insufficient to overcome the substantial reduction in family income.

• A transfer occurring after a school closes;

Documentation required:  proof of school closure.

• A transfer resulting from bullying, harassment, or other misconduct.

Documentation required:  (1) written corroboration from persons unrelated to the student and/or the student’s family that the alleged misconduct occurred, and (2) a letter from school administration that confirms the student timely sought assistance of appropriate school personnel to address such misconduct and that the school agrees that a transfer was appropriate.

1. A transfer because of violence, or a threat violence, directed against the student.

Documentation required:  copy of the police and/or school report(s) of the incident(s).

NOTE:  A general assertion of dangerous conditions in a school or community will not support a request under this provision.

2. A District Committee may waive the post season period of ineligibility on a case-by-case basis for other factors not listed above upon proof by clear and convincing evidence by the student’s family that the transfer was necessitated by exceptional and unusual circumstances beyond the reasonable control of the student and the student’s family. A request for waiver will not be processed unless the Request for Waiver form is submitted setting forth specific reasons supporting the request and the reason is consistent with the Preamble of Section 2 of this ARTICLE. For purposes of this provision, whether a student’s transfer was materially motivated by an athletic purpose is not a factor to be considered.  Also, the following reasons will NOT support the grant of a waiver:

– A transfer for academic, developmental, spiritual and/or social reasons; and

– A change of residence resulting from a family separation, unless following court approval.

3. All requests for waivers must be submitted no later than thirty (30) days prior to the beginning of a PIAA District’s postseason tournament for the sport in question. PIAA Districts may expand this time requirement to an earlier time.  Requests for waivers for students transferring within thirty days prior to  the tournament may be considered if a hearing can be timely arranged.

NOTES:

1. Because the purpose of this Section relates to the integrity and fairness of the postseason system and not to athletically motivated transfers, whether a student’s transfer was in any way motivated by an athletic purpose is not a factor to be considered in granting or denying a requested waiver under this provision.
2. Because virtually all decisions to transfer are made by parents, the fact that such decision was not within the control of the transferring student is not a factor to be considered in granting or denying a requested waiver under this provision.