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HB 7029 Legislative Update Signed by the Governor on April 14th
Eligibility of students who transfer or change schools between school years is immediate, with certain limiting conditions School Districts, FHSAA, Charter Schools may NOT delay eligibility if student changes schools due to controlled open enrollment or choice. New controlled open enrollment provisions go into effect in Students may not participate in the same sport in the same year at more than one school, unless meeting exception list (military, foster placement, court-order, school district placement by policy). Mid-season transfers may seek to immediately join a team under certain conditions: Roster for the sport has not reached maximum size Coach determines student has skill and ability May not participate if already participated in same sport at another school that same year – unless meeting exception list (military, foster placement, court- order, school district placement by policy). HB 7029 Signed by the Governor on April 14th May 2, 2016 FIAAA Annual State Conference
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FIAAA Annual State Conference
Legislative Update Recruiting punishments have been increased and burden of proof has been decreased to “preponderance of the evidence” Recruiting violations targeting school district employees and contractors include incremental punishments: First offense: $5,000 forfeiture of salary payments: Second offense: suspension without pay from coaching for 12 months and $5,000 forfeiture of salary payments; Third offense: $5,000 forfeiture of salary payment and automatic review of teaching certificate (if probable cause is found, certificate shall be revoked for 3 years). Important to note these are not fines to be collected by FHSAA Recruiting will be determined by a “preponderance” of evidence rather than “clear and convincing” evidence – this establishes a lower burden of proof May 2, 2016 FIAAA Annual State Conference
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FIAAA Annual State Conference
Legislative Update Definition of “participation” -in regard to required medical and consent forms - has been expanded to include off-season conditioning, summer workouts, and preseason conditioning, regardless of whether student has been placed on a team. Non-member, small private schools (125 students or less) may now participate at zoned public school in whatever sport(s) their private school does not offer. District School Board, Charter Schools, and Private Schools must include student eligibility standards and related disciplinary actions in Student Code of Conduct – specifics to be included are in new statute FHSAA must allow private schools an option of full membership or joining by sport and simultaneously maintain membership in another association. The FHSAA may allow a public school the option to apply for consideration to join another athletic association. May 2, 2016 FIAAA Annual State Conference
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Impact of HB 7029 on the FHSAA Bylaws
Due to the adoption of HB 7029: Three Bylaws will be removed Bylaw – Participation in Summer Athletic Activities Bylaw – Previous Contact Bylaw – Relocation of a Coach Four Bylaws will be modified or amended Bylaw 2.5 – Administrative Control and Responsibility Bylaw – Member School Bylaw 9.2 – Attendance, including attendance exceptions (i.e. non- traditional students) Bylaw 9.3 – Transfers One Bylaw will be added – General Term May 2, 2016 FIAAA Annual State Conference
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FIAAA Annual State Conference
Bylaw Changes The October 2015 Representative Assembly adopted 25 changes to the FHSAA Bylaws as follows: One change was an editorial change Nine changes were to clarify current language Three changes were pre-planned changes from policies to bylaws One change is null and void due to HB 7029 Two changes will require modifications due to HB 7029 May 2, 2016 FIAAA Annual State Conference
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FIAAA Annual State Conference
Bylaw Changes There are nine substantive changes: Two new general terms were added Sub-Varsity Participation Home Zoned Public School Bylaw – Insurance Coverage was amended to require that a student have insurance coverage prior any form of participation Provisional Member School have been given the right to vote Two bylaws have been amended (Bylaw – Limit of Eligibility and Bylaw – Age) to allow staff to determine if a hardship exists thus eliminating the need for an appeal May 2, 2016 FIAAA Annual State Conference
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FIAAA Annual State Conference
Bylaw Changes Two bylaws have been amended (Bylaw – Physical Evaluation and Bylaw – Consent and Release Form) that require students to have eligibility forms (EL2 and new EL3) on file with the school prior to any form of participation Bylaw has been amended to allow FHSAA staff to determine if a hardship exists when a school files an EL10 – Request for Eligibility Ruling form, thus eliminating the need for an appeal May 2, 2016 FIAAA Annual State Conference
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Impact of HB 7029 on the FHSAA Policies
Due to the adoption of HB 7029: Three Policies will be modified due transfer and controlled open enrollment language Policy 16 – Non-Traditional Students Bylaw 17 – Youth Exchange, International and Immigrant Students Bylaw 18 – Spring Football and Competitive Cheerleading Portions of Three Policies will be removed or modified due to the elimination of Bylaw – Previous Contact Policy 22 – Non-School Team and/or Off Season Participation Policy 24 – Coaching Schools, Camps, Clinics, Combines or Workshops Policy 26 – Showcases Two Policies will be modified or amended due changes in recruitment language Policy 36 – Athletic Recruiting Policy 37 – Improper Contact and Impermissible Benefits May 2, 2016 FIAAA Annual State Conference
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FIAAA Annual State Conference
Policy Changes Twenty policies will be modified or amended (not including those due to legislation). The vast majority of the changes are editorial or clarifying in nature. Only the substantive changes will addressed here. Policy 5 – provides an alternate way to comply with attending a compliance seminar, establishes a Mid-Year Compliance Seminar and provides schools the opportunity of continuing their membership for a 5 year period Policy 6 – changes language to permitted schools who declare as an independent in a sport to have multiple varsity teams and details language for combination schools whose middle school and high school programs are held at different times of the year May 2, 2016 FIAAA Annual State Conference
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FIAAA Annual State Conference
Policy Changes Policy 7 – removes the requirement completing sanction forms for interstate, international, out of state and certain third party events Policy 8 – modifies the minimum limits for general liability insurance to the minimums established in state statutes Policy 9 – provides for a discount on membership dues when opting for a 5 year continuing membership, eliminates or reduces administrative fees for certain events and types of events Policy 10 – modifies the minimum contests required for a student to be eligible to participate in the state series (now varies by sport) May 2, 2016 FIAAA Annual State Conference
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FIAAA Annual State Conference
Policy Changes Policy 11 – provides a maximum number of athletes whose names can be placed on the SEL for sports that did not previously have such a number Policy 12 – changes how non-traditional students are counted in the annual population count Policy 14 – adds class 9A minimum seating requirements for basketball Policy 16 – provides for students attending a virtual charter school to participate at the sister charter school and provides for a future bylaw that will provide for Online Electronic Forms May 2, 2016 FIAAA Annual State Conference
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FIAAA Annual State Conference
Policy Changes Policy 17 – adds additional restrictions and conditions for host families of youth exchange students Policy 26 – provides an exception for underclass student participation in all-star contests Policy 35 – amends the current policy to add two additional sections Homestay Programs – provides program similar to youth exchange students Sports Academies – provides restrictions on student participating the state series May 2, 2016 FIAAA Annual State Conference
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