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Transfer Students

TRANSFER

Colorado School Choice: The CHSAA supports school choice in academic pursuits and encourages its student participants to enhance their academic achievement. In concert with this approach, the Association’s philosophy addresses the establishment of a fair playing field for all student athletes. . A student entering high school for the first time shall be eligible for all interscholastic athletic competition.

1800.1 A student who establishes his/her high school eligibility at a member school and subsequently transfers, will be ineligible for varsity competition for 365 days from the date of their transfer, in the sports they participated in during the last 365 days.

1800.2 The transfer rule addresses athletic eligibility only as it relates to transfer between schools. Rules related to age, semesters, academic requirements and other CHSAA Bylaws may result in an eligible transfer being declared ineligible.

Clarifying Statement: the definition of transfer shall be any change of schools by a student participant for academic or participatory reasons. This includes all students who have established their eligibility at: 1) the school they are enrolled in,

2) a school they are playing for because their school of enrollment did not offer that activity and they are participating under state statute, or

3) the student is a home-based student and has established his/her athletic eligibility under state statute.

BONA FIDE MOVE

1800.3 A bona fide family move to a residence that requires a transfer to a school in that school's attendance area and/or a new school district, verified by the receiving school, will permit full transfer eligibility.

(a) A bona fide family move means a permanent change in the family’s legal place of domicile. The legal place of domicile is that place in which the family’s habitation is fixed and in which the student’s custodial parent or legal guardian has the present intention to reside permanently. A bona fide family move has not occurred unless and until the student’s custodial parent or legal guardian, the student, and the student’s family have abandoned the immediately preceding place of domicile and have no present intention to return to that place of domicile.

(b) In determining whether a bona fide family move has occurred, the Commissioner may consider all the circumstances in his discretion. Examples of circumstances that may be Q1: What is considered a transfer student’s “date of transfer?” A1: The date from which all eligibility shall be determined is the date that all transfer documentation has been submitted to the CHSAA office by the new school and includes all signatures, letters, documentary evidence, league votes and a decision has been rendered by the Commissioner. relevant include: changes in employment or business activities that require the family to move; family health or other reasons that compelled the family to move; the custodial parents or legal guardian’s residence for income tax, voter registration, motor vehicle registration, and similar indicators of legal residence; the terms of ownership or leasing of the new residence; the existence of other family residences; the location of the family’s personal property; and the amount of time actually spent at the new residence. These examples are not a complete list of circumstances that the Commissioner may consider, nor is the Commissioner required to give more or less weight to any of these examples in making a decision.

(c) Under no circumstances may a school transfer that is motivated by athletic considerations be considered a bona fide family move. The student shall have the burden to prove by clear and convincing evidence that athletic participation at the new school was no more than an incidental consideration.

 (d) If a student transfers to a school where his/her previous coach is a coach of the current school team, that move will be deemed motivated by athletic consideration. Under provision of this rule, the coach may be a former school coach or a non-school coach. As used in this Rule, the term “coach” includes any person who coaches, volunteers (regardless of compensation) or assists in any capacity with the coaching or training of the school or non-school team. (

e) If the family, directly or indirectly, retains ownership of the former place of domicile after the move, it is presumed that they have not made a bona fide family move, and that presumption must be rebutted by clear and convincing evidence.

ATHLETIC TRANSFER

 

1800.4 Any transfer substantially motivated by athletic considerations will cause the student to be ineligible for varsity competition for 365 days from the date of the transfer in any sports(s) they participated in during the last 365 days.

EXCEPTION: A student transferring, moving or for any reason changing to a new school where the student’s non-school coach is also a coach of the school team, is considered to be attending for athletic purposes. The student, as a result of this transfer, will be ineligible for varsity competition for one calendar year from the date of the transfer in any sport(s) they participated in during the twelve months prior to the transfer. As used in this Rule, the term “coach” includes any person who coaches, volunteers (regardless of compensation) or assists in any capacity with the coaching or training of the school or non-school team.

NOTE: For purposes of this Bylaw and its exceptions, no personal relationship or one-onone/group coaching or individual contact is required for application of this rule. If a coach has any standing with the outside team/organization/business, that coach is considered a coach of that non-school sports team.

1800.41 SUB-VARSITY ELIGIBILITY - A student will be granted sub-varsity eligibility by the Commissioner upon submittal of a restricted waiver request signed by the principals of the sending and receiving schools. Waivers may be considered based on a student’s lack of opportunity to participate at a sub-varsity level.

1800.42 NON-PARTICIPATION - A student who has not participated in an interscholastic contest, scrimmage, or foundation game in a specific sport at any level (varsity, junior varsity, sophomore, and freshman) during the 365 days preceding the date of transfer shall have varsity eligibility at the receiving school in that specific sport at all levels of competition.

1800.43 RETURN TO ORIGINAL SCHOOL - A student who has not participated in an interscholastic contest, scrimmage, or foundation game for any team at any level while a student in the previous high school shall be varsity eligible at all levels in all sports provided he/she returns to the high school he/she attended prior to the period of non-participation.

1800.44 TRANSFER FROM A NON-MEMBER SCHOOL - A student who resides in Colorado and who has never previously participated in a member school and who transfers to a member school from a non-member school shall have varsity eligibility at the receiving school.

1800.45 BROKEN HOME - A student of a broken home will be exempt from the transfer rule for the first move in high school from one parent to the other. Note: The exception will exist only if it is determined by either school that the move is not athletically motivated. A waiver must be filed and approved prior to competition.

1800.46 BOARDING SCHOOL - A student who transfers to become a full-time resident of a 24-hour boarding school (a duly licensed school providing lodging and meals) in a community, district or state other than where he/she has resided with his/her parent(s) or guardians, has varsity eligibility on the first such transfer, but all transfer rule requirements shall apply on any subsequent transfer

1800.47 TRANSFER PURSUANT TO IEP - A student who has been identified as a student with a disability who transfers to a member school to comply with a specific requirement in his/her Individualized Education Plan (IEP) has varsity eligibility at the receiving school. A waiver must be filed and approved prior to competition.

HARDSHIP

800.5 When the definition of a hardship has been met, the Commissioner may grant varsity eligibility pursuant to the provisions of Article 25 of these Bylaws.

1800.51 "Hardship" means a situation, condition or event that is beyond the control of the student or his/her family and that imposes a severe, non-athletic burden upon the student or his/her family. The Commissioner shall have broad discretion in applying this standard to specific cases. He/She may take into consideration not only the needs of the student and family directly involved, but also the best interest of member schools and interscholastic athletics/activities generally as he/she understands those interests.

 

1800.52 All transfer waiver applications shall be processed on forms approved by the CHSAA and in accordance with the following procedures:

(a) A transfer waiver shall first be submitted to the principals at the student's sending and receiving schools. If either principal disapproves of the waiver, he/she shall state his/her reasons in writing.

 (b) The transfer waiver, with the recommendations of the principals, shall then be submitted to the receiving school's league for a vote.

 (c) The recommendation of the principals and the league and all other information that the applicant wished to be considered in support of the waiver application shall be submitted in writing to the Commissioner. The burden of proof to establish a hardship shall be upon the applicant.

 (d) The Commissioner or his/her designee may conduct additional investigations as he/she deems necessary. The application and any additional information gathered by the Commissioner or his/her designee shall constitute the record of the proceeding. The Commissioner will make a timely written decision based on the information in the record.

(e) The Commissioner's decision may be appealed pursuant to Article 25 of these Bylaws.

(f) The decision of the Commissioner shall be upheld unless it is shown by clear and convincing evidence in the record to be arbitrary or capricious.

 (g) Transfer waivers cannot be approved for a school transfer found to be substantially motivated by athletic considerations.

(h) The following situations are not considered under the definition of hardship: reduction of personal income, transportation, undocumented statements of bullying and academic program comparisons.

1800.53 No transfer waiver may be granted that would cause a student who is ineligible in the sending school to become eligible at the receiving school.

INTERNATIONAL STUDENTS

1880.1 INTERNATIONAL STUDENT DEFINED – An international student is defined as any student who is not a citizen of the United States. This definition shall not apply to students who have permanent non-immigrant status in the United States, as defined by a student who holds an F-1 non-immigrant visa. For purposes of clarification, only a student who holds a F-1 or J-1 visa, or has been classified by the Department of Homeland Security and holds documentation identifying the student as a “Refugee,” shall be considered for athletic eligibility. Note: temporary status of any kind shall not be acceptable as replacement for the three categories noted. A student holding a F-1 visa shall be treated as a regular non-international student; a student with a J-1 visa is subject to the limitations of the exchange program by-law outlined below; a student who has been identified by the Department of Homeland Security as a “Refugee” shall be treated as a regular non-international student.

1880.2 CONDITIONS OF VARSITY AND SUB-VARSITY ELIGIBILITY – He/She shall be eligible provided an International Student Waiver has been approved and filed in the CHSAA office when the following conditions have been met: ▪ Has not enrolled in a Colorado high school in order to participate in any scholastic athletic program. ▪ Has not been recruited to play interscholastic athletics in violation of Article 1900.2 by any high school or college representative. ▪ Is not a graduate in his/her own country, nor has attended the time equivalent of an American K-12 program. ▪ Has not attended high school in another state. ▪ Is in compliance with all other CHSAA eligibility rules. ▪ Has on file a completed physical examination in compliance with Bylaw 1780.1. ▪ Has not participated at your school or any other Colorado school or U.S. school. a. For international students on a Council on Standards for International Educational Travel Program or other foreign exchange program: CHSAA approval. b. For international students in NO program: league and CHSAA approval.

1880.3 LIMITED PERIOD OF VARSITY ELIGIBILITY – Students on a J-1 visa shall have varsity eligibility for no more than three consecutive sports seasons, beginning with his or her first varsity season. However, no foreign student is eligible if he/she is a HIGH SCHOOL graduate in his/her own country OR has attended the time equivalent of an American K-12 program OR has attended high school in another state. INTERNATIONAL STUDENTS SHALL BE SUBJECT TO ALL OTHER RULES OF ELIGIBILITY. Q1: A student who has been identified as homeless transfers to a second school after playing a sport at a previous high school. What is that student’s eligibility? A1: That eligibility shall be determined based on the information provided to CHSAA as to why the transfer was necessary and how that transfer is impacted by state and/or federal law.

1880.4 PRESUMPTION OF RECRUITING – An international student who moves to Colorado and enrolls in a member school with the prior knowledge and assistance of a “school representative,” as defined in Article 1900.2, shall be presumed to have been recruited in the absence of clear and convincing evidence to the contrary. a. An international student who moves to Colorado and enrolls in a member school with the prior knowledge and assistance of a club sport or other outside sport coach, group or organization shall not have high school athletic eligibility in that sport.

1880.5 EXCEPTION FOR STUDENTS RESIDING WITH PARENT(S) – This rule does not apply to an INTERNATIONAL student who is residing in Colorado with his/her parent(s).