2016-17 By-Laws

2016-2017 By-Laws of the Iowa Girls High School Athletic Union

 

Article I

MEMBERSHIP AND DUES

Section 1. All Senior and Junior High schools in the state desiring membership or associate membership in I.G.H.S.A.U. may make application to the Board of Directors. Application for membership is subject to approval by the Board of Directors. The annual dues of the Union shall be $50.00 for member schools. Membership dues shall be paid in advance and shall be for the year July 1 to June 30. Membership expires at midnight of June 30 of each year.

 

PROBATION

Section 2. The Board of Directors shall have power to place any member school on probation for violation of any of the rules of the Union or for other just cause. Where the penalty is not fixed, the probationary period shall be left to the discretion of the Board of Directors.

Section 3. Upon successful completion of an established probationary period, a school will automatically return to the status of a member in good standing.

Section 4. Should a school wish to be removed from probation before the automatic reinstatement date, that school may be reinstated by the Board of Directors upon application made in writing to the Executive Director by the Administrator 20 days in advance of the time it desires to be reinstated. The Executive Director shall present the application of the school on probation to the Board of Directors for its consideration. The Administrator shall agree in writing that the school will abide by all the rules of the Union in the future. The Administrator shall sign the statement on behalf of the school.

Section 5. Violation of any of the rules of the Union or other form of misconduct by a member school during that school’s probationary period may result in said school’s suspension.

Section 6. Probation will allow a school to continue interscholastic competition, conditional to the school’s adherence to all rules of the Union.

SUSPENSION

Section 7. The Board of Directors shall have power to suspend or otherwise penalize any member school for the violation of any of the rules of the Union or for other just cause. The period of suspension or other penalty shall be left to the discretion of the Board of Directors where the penalty is not fixed.

Section 8. Any school under suspension, if it has restricted its athletic program to intramural athletics for the period of suspension may be reinstated by the Board of Directors upon application made in writing, 20 days in advance of the time it desires to be reinstated, to the Executive Director by the Administrator. The Executive Director shall present the application of the suspended school to the Board of Directors for its consideration. The Administrator shall agree in writing that the school will abide by all the rules of the Union in the future. The Administrator shall sign the statement on behalf of the school.

Section 9. Suspension nullifies all existing contracts between the suspended school and other member schools

Section 10. Contracts made and entered into by member schools may be cancelled only by mutual agreement or by authority of the Board of Directors. All contracts between two schools shall be signed by the Administrator or Athletic Director.

SPONSORED SPORTS

Section 11. The Board of Directors reserves the administrative privilege of suspending an activity or initiating new activities.

Article II

STUDENT ELIGIBILITY RULES

 

TITLE VI

INTERSCHOLASTIC COMPETITION

 

CHAPTER 36

EXTRACURRICULAR INTERSCHOLASTIC COMPETITION

(Prior to 9.7.88 see Public Instruction Department (670) Chapter 9)

281—36.1(280)  Definitions Whenever the following terms are used, they shall refer to the following definitions:

“All-star” means a secondary student from a high school interscholastic athletic team whose outstanding performance is the basis for the student’s selection to compete individually in an all-star contest or on an all-star high school team to compete with other all-stars from several other high school teams against another all-star team in an all-star contest.  An “all-star” shall not include a twelfth grade student whose interscholastic athletic season for the sport in question has concluded.

NOTE:  Bylaw 14.6 of the National Collegiate Athletic Association (NCAA) (as revised 7/30/10) states that a “student-athlete shall be denied the first year of intercollegiate athletics competition if, following completion of high-school eligibility in the student-athlete’s sport and prior to the student-athlete’s high-school graduation,  the student-athlete competes in more than two all-star football contests or two all-star basketball contests.”

“All-star contest” means an event for which admission is charged and at which all-stars compete during the school year against other all-stars, either individually or as all-star teams.  “All-star contests” shall not include noninvitational events for which students audition or try out or the auditions or try outs themselves.

“Associate member school” means a nonaccredited nonpublic school that has been granted associate member status by any corporation, association, or organization registered with the state department of education pursuant to Iowa Code section 280.13, upon approval by the department based upon proof of compliance with:

  1. Iowa Code section 279.19B, and rules adopted by the department of education related to the qualifications of the affected teaching staff, and
  1. The student eligibility rules of this chapter.

Associate membership is subject to the requirements, dues, or other obligations established by the organization for which associate membership is sought.

“Coach” means an individual, with coaching endorsement or authorization as required by Iowa law, employed by a school district under the provisions of an extracurricular athletic contract or employed by a nonpublic school in a position responsible for an extracurricular athletic activity.  “Coach” also includes an individual who instructs, diagnoses, prescribes, evaluates, assists, or directs student learning of an interscholastic athletic endeavor on a voluntary basis on behalf of a school or school district.

“Compete” means participating in an interscholastic contest or competition and includes dressing in full team uniform for the interscholastic contest or competition as well as participating in pre-game warm-up exercises with team members.  “Compete” does not include any managerial, recordkeeping, or other non-competitor functions performed by a student on behalf of a member or associate member school.

“Department” means the State Department of Education.

“Dropout” means a student who quit school because of extenuating circumstances over which the student had no control or who voluntarily withdrew from school.  This does not include a student who has been expelled or one who was doing failing work when the student voluntarily dropped from school.

“Executive board” means the governing body authorized under a constitution or bylaws to establish policy for an organization registered under this chapter.

“Executive officer” means the executive director or secretary of each governing organization.

“Member school,” for purposes of this chapter, means a public school or accredited nonpublic school that has been granted such status by any corporation, association, or organization registered with the state department of education pursuant to Iowa Code section 280.13.

“Parent” means the natural or adoptive parent having actual bona fide custody of a student.

“Student” means a person under 20 years of age enrolled in grades 9 through 12.  For purposes of these rules, ninth grade begins with the summer immediately following eighth grade.  The rules contained herein shall apply uniformly to all students.

“Superintendent” means a superintendent of a local school or a duly authorized representative.

281—36.2(280)  Registered organizations.  Organizations registered with the department include the following:

36.2(1) Iowa High School Athletic Association (hereinafter association).

36.2(2) Iowa Girls’ High School Athletic Union (hereinafter union).

36.2(3) Iowa High School Music Association (hereinafter music association).

36.2(4) Iowa High School Speech Association (hereinafter speech association).

36.2(5) Unified Iowa High School Activities Federation (hereinafter federation).

281—36.3(280)  Filings by organizations.  Each organization shall maintain a current file with the state department of education of the following items:

36.3(1) Constitution and bylaws which must have the approval of the state board of education.

36.3(2) Current membership and associate membership lists.

36.3(3) Organization policies.

36.3(4) Minutes of all meetings of organization boards.

36.3(5) Proposed constitution and bylaw amendments or revisions.

36.3(6) Audit reports.

36.3(7) General bulletins.

36.3(8) Other information pertinent to clarifying organization administration.

281—36.4(280)  Executive board.  Each organization shall have some representation from school administrators, teachers, and elective school officers on its executive board; provided, however, that the membership shall include the following:

 36.4(1) School board member.  One member who shall be a member of a school board in Iowa, appointed by the Iowa association of school boards to represent the lay public.

36.4(2) Activity member.  One member, who is either a coach, sponsor or director, of an activity sponsored by the organization to which the member is elected and who works directly with the students or the program:  This member is to be elected by ballot of the member schools, the vote to be cast by the school’s designated representative of the organization involved.

36.4(3) Organization elections.  The election procedure for each organization shall be conducted as provided by the organization’s constitution.  All criteria for protecting the voter’s anonymity and ensuring adequate notice of elections shall be maintained in the election procedures.  In addition, there shall be one representative designated by the department director present at the counting of all ballots.  That representative shall also validate election results.

281—36.5(280)  Federation membership.  The federation, in addition to conforming to other requirements in this section, shall have in its membership the executive board of the association, union, music association, speech association, and the school administrators of Iowa.

281—36.6(280)  Salaries.  No remuneration, salary, or remittance shall be made to any member of an executive board, representative council or advisory committee, of an organization for the member’s service.

281—36.7(280)  Expenses.  Travel and actual expenses of executive board members, representative council members, advisory committee members, and officers shall be paid from organizational funds only when on official business for the organization.  Actual expenses shall be paid for travel for transportation outside the state, along with necessary and reasonable expenses which shall be itemized.  Itemized accounting of the travel and business expenses of employees shall be furnished to the department in an annual report on a form prescribed by the department.

281—36.8(280)  Financial report.  Full and detailed reports of all receipts and expenditures shall be filed annually with the department of education.

281—36.9(280)  Bond.  The executive board of each activity organization shall purchase a blanket fidelity bond from a corporate surety approved by it, conditioned upon the faithful performance of the duties of the executive officer, the members of the executive board, and all other employees of the activity organization.  Such blanket bond shall be in a penal amount set by the executive board and shall be the sum of 50 percent of the largest amount of moneys on hand in any 30–day period during the preceding fiscal year, and 20 percent of the net valuation of all assets of the activity organization as of the close of the last fiscal year, but such bond shall in no case be in an amount less than $10,000.

281—36.10(280)  Audit.  The financial condition and transaction of all organizations shall be examined once each year, or more often if directed by the director of education, by either a certified public accountant chosen by the organization or by a committee chosen by the organization and approved by the director of education.

281—36.11(280)  Examinations by auditors.  Auditors shall have the right while making the examination to examine all organization papers, books, records, tickets, and documents of any of the officers and employees of the organizations, and shall have the right in the presence of the custodian or deputy, to have access to the cash drawers and cash in the official custody of the officer and to the records of any depository which has funds of the organization in its custody.

281—36.12(280)  Access to records.  Upon request, organizations shall make available to the state department of education or its delegated representative all records, data, written policies, books, accounts, and other materials relating to any or all aspects of their operations.

281—36.13(280)  Appearance before state board.  At the request of the state board of education or its executive officer, members of the governing boards and employees of the organizations shall appear before and give full accounting and details on the aforesaid matters to the state board of education.

281—36.14(280)  Interscholastic athletics.  In addition to the requirements of rule 36.15(280),organizations shall prescribe and implement the rules described below for participants in interscholastic athletic competition.

36.14(1) Physical examination.  Every year each student shall present to the student’s superintendent a certificate signed by a licensed physician and surgeon, osteopathic physician and surgeon, osteopath, qualified doctor of chiropractic, licensed physician assistant, or advanced registered nurse practitioner, to the effect that the student has been examined and may safely engage in athletic competition.

Each doctor of chiropractic licensed as of July 1, 1974, shall affirm on each certificate of physical examination completed that the affidavit required by Iowa Code section 151.8 is on file with the Iowa board of chiropractic.

The certificate of physical examination is valid for the purpose of this rule for one calendar year. A grace period not to exceed 30 calendar days is allowed for expired physical certifications.

36.14(2) Sportsmanship.  It is the clear obligation of member and associate member schools to ensure that their contestants, coaches, and spectators in all interscholastic competitions practice the highest principles of sportsmanship, conduct, and ethics of competition.  The governing organization shall have authority to penalize any member school, associate member school, contestant, or coach in violation of this obligation.

36.14(3) Awards.

a. Awards from a secondary school or registered organization. For participation in an interscholastic athletic contest or program, a student will be permitted to receive an award whose value cannot exceed $50.

b. Awards for participation in school programs from an individual or organization other than a secondary school or registered organization.No student shall receive any award from an individual or outside organization for high school participation while enrolled in high school, except that nothing in this subrule shall preclude the giving of a complimentary dinner by local individuals, organizations, or groups, with approval of the superintendent, to members of the local high school athletic squad.  No student shall accept any trip or excursion of any kind by any individual, organization, or group outside the student’s own school or the governing organization, with the exception of bona fide recruiting trips that meet NCAA requirements.  Nothing in this subrule shall preclude or prevent the awarding and the acceptance of an inexpensive, unmounted, unframed paper certificate of recognition as an award, or an inexpensive table favor which is given to everyone attending a banquet.

c. Awards for participation in nonschool programs.  If a student participates in an outside school activity, the student may not receive any award provided that the award does not violate the amateur award rule of the amateur sanctioning body for that sport. In the absence of an applicable amateur award rule, the student shall not receive any award the value of which exceeds $50.

d. Absolute prohibition on cash.  At no time may any student accept an award of cash.

e. Compliance.   The superintendent or designee shall be held responsible for compliance with this subrule.  Questions or interpretation regarding medals or awards shall be referred to the executive board.

36.14(4) Interstate competition.  Every student participating in interstate athletic competition on behalf of the student’s school must meet the eligibility rules.

36.14(5) Competition seasons.  The length of training periods and competition seasons shall be determined solely by the governing organization.

36.14(6) Tournaments.  The number and type of state tournaments for the various sports shall be determined by the organization.  In scheduling and conducting these tournaments, the organization shall have the final authority for determining the tournament eligibility of all participants.  Organization bylaws shall provide for a timely method of seeking an internal review of initial decisions regarding tournament eligibility.

Member or associate member schools that permit or allow participation in any event by a person in violation of the eligibility rules or by a student who has been suspended shall be subject to sanctions the executive board may, in the best interests of interscholastic competition, impose, including forfeiture of contests.  The sanctions may include, but are not limited to, the following:  forfeiture of contests or events or both, involving any ineligible student(s); adjustment or relinquishment of conference/district/tournament standings; and return of team awards or individual awards or both.

If a student who has been declared ineligible or who has been suspended is permitted to participate in an interscholastic competition because of a current restraining order or injunction against the school, registered organization, or department of education, and if such restraining order or injunction subsequently is voluntarily vacated, stayed, reversed, or finally determined by the courts not to justify injunctive relief, the sanctions listed above may be imposed.

36.14(7) Ineligible player competition.  Member or associate member schools that permit or allow a student to compete in an interscholastic competition in violation of the eligibility rules or that permit or allow a student who has been suspended to so compete shall be subject to penalties imposed by the executive board.  The penalties may include, but are not limited to, the following:  forfeiture of contests or events or both, involving any ineligible student(s); adjustment or relinquishment of conference/district/tournament standings; and return of team awards or individual awards or both.

If a student who has been declared ineligible or who has been suspended is permitted to compete in an interscholastic competition because of a current restraining order or injunction against the school, registered organization, or department of education, and if such restraining order or injunction subsequently is voluntarily vacated, stayed, reversed, or finally determined by the courts not to justify injunctive relief, the penalties listed above may be imposed.

This rule is intended to implement Iowa Code section 280.13.

281-36.15(280)  Eligibility requirements.

 36.15(1) Local eligibility and student conduct rules.  Local boards of education may impose additional eligibility requirements not in conflict with these rules.  Nothing herein shall be construed to prevent a local school board from declaring a student ineligible to participate in interscholastic competition by reason of the student’s violation of rules adopted by the school pursuant to Iowa Code sections 279.8 and 279.9.  A member or associate member school shall not allow any student, including any transfer student, to compete until such time as the school has reasonably reliable proof that the student is eligible to compete for the member or associate member school under these rules.

36.15(2) Scholarship rules.

a. All contestants must be enrolled and in good standing in a school that is a member or associate member in good standing of the organization sponsoring the event.

b. All contestants must be under 20 years of age.

c. All contestants shall be enrolled students of the school in good standing.  They shall receive credit in at least four subjects, each of one period or “hour” or the equivalent thereof, at all times. To qualify under this rule, a “subject” must meet the requirements of 281-Chapter 12.  Coursework taken from a postsecondary institution and for which a school district or accredited nonpublic school grants academic credit toward high school graduation shall be used in determining eligibility.  No student shall be denied eligibility if the student’s school program deviates from the traditional two-semester school year.

(1)   Each contestant shall be passing all coursework for which credit is given and shall be making adequate progress toward graduation requirements at   the end of each grading period.  Grading period, graduation requirements, and any interim periods of ineligibility are determined by local policy.  For purposes of this subrule, “grading period” shall mean the period of time at the end of which a student in grades 9 through 12 receives a final grade and course credit is awarded for passing grades.

(2)   If at the end of any grading period a contestant is given a failing grade in any course for which credit is awarded, the contestant is ineligible to dress for and compete in the next occurring interscholastic athletic contests and competitions in which the contestant is a contestant for 30 consecutive calendar days.

d. A student with a disability who has an individualized education program shall not be denied eligibility on the basis of scholarship if the student is making adequate progress, as determined by school officials, towards the goals and objectives on the student’s individualized education program.

e. A student who meets all other qualifications may be eligible to participate in interscholastic athletics for a maximum of eight consecutive semesters upon entering the ninth grade for the first time.  However, a student who engages in athletics during the summer following eighth grade is also eligible to compete during the summer following twelfth grade.  Extenuating circumstances, such as health, may be the basis for an appeal to the executive board which may extend the eligibility of a student when the executive board finds that the interests of the student and interscholastic athletics will be benefited.

f. All member schools shall provide appropriate interventions and necessary academic supports for students who fail or who are at risk to fail, and shall report to the department regarding those interventions on the comprehensive school improvement plan.

g.   A student is academically eligible upon entering the ninth grade.

h.   A student is not eligible to participate in an interscholastic sport if the student has, in that same sport, participated in a contest with or against, or trained with, a National Collegiate Athletic Association (NCAA), National Junior College Athletic Association (NJCAA), National Association of Intercollegiate Athletics (NAIA), or other collegiate governing organization’s sanctioned team.  A student may not participate with or against high school graduates if the graduates represent a collegiate institution or if the event is sanctioned or sponsored by a collegiate institution.  Nothing in this subrule shall preclude a student from participating in a one-time tryout with or against members of a college team with permission from the member school’s administration and the respective collegiate institution’s athletic administration.

i. No student shall be eligible to participate in any given interscholastic sport if the student has engaged in that sport professionally.

j.   The local superintendent of schools, with the approval of the local board of education, may give permission to a dropout student to participate in athletics upon return to school if the student is otherwise eligible under these rules.

k. Remediation of a failing grade by way of summer school or other means shall not affect the student’s ineligibility.  All failing grades shall be reported to any school to which the student transfers.

 

36.15(3) General transfer rule.  A student who transfers from a school in another state or country or from one member or associate member school to another member or associate member school shall be ineligible to compete in interscholastic athletics for a period of 90 consecutive school days, as defined in rule 281-12.1(256), exclusive of summer enrollment, unless one of the exceptions listed in paragraph 36.15(3)“a” applies.  The period of ineligibility applies only to varsity level contests and competitions.  (“Varsity” means the highest level of competition offered by one school or school district against the highest level of competition offered by an opposing school or school district.)  In ruling upon the eligibility of transfer students, the executive board shall consider the factors motivating student changes in residency.  Unless otherwise provided in these rules, a student intending to establish residency must show that the student is physically present in the district for the purpose of making a home and not solely for school or athletic purposes.

 a.   Exceptions.  The executive officer or executive board shall consider and apply the following exceptions in formally or informally ruling upon the eligibility of a transfer student and may make eligibility contingent upon proof that the student has been in attendance in the new school for at least ten school days:

(1)   Upon a contemporaneous change in parental residence, a student is immediately eligible if the student transfers to the new district of residence or to an accredited nonpublic member or associate member school located in the new school district of residence.  In addition, if with a contemporaneous change in parental residence, the student had attended an accredited nonpublic member or associate member school immediately prior to the change in parental residence, the student may have immediate eligibility if the student transfers to another accredited nonpublic member or associate member school.

(2)   If the student is attending in a school district as a result of a whole-grade sharing agreement between the student’s resident district and the new school district of attendance, the student is immediately eligible.

(3)   A student who has attended high school in a district other than where the student’s parent(s) resides, and who subsequently returns to live with the student’s parent(s), becomes immediately eligible in the parent’s resident district.

(4)   Pursuant to Iowa Code section 256.46, a student whose residence changes due to any of the following circumstances is immediately eligible provided the student meets all other eligibility requirements in these rules and those set by the school of attendance:

  1. Adoption.
  2. Placement in foster or shelter care.
  3. Participation in a foreign exchange program, as evidenced by a J-1 visa issued by the United States government, unless the student attends the school primarily for athletic purposes.
  4. Placement in a juvenile correction facility.
  5. Participation in a substance abuse program.
  6. Participation in a mental health program.
  7. Court decree that the student is a ward of the state or of the court.
  8. The child is living with one of the child’s parents as a result of divorce, separation, death, or other change in the child’s parents’ marital relationship, or pursuant to other court-ordered decree or order of custody.

(5)   A transfer student who attends in a member or associate member school that is a party to a cooperative student participation agreement, as defined in rule 36.20(280), with the member or associate member school the student previously attended is immediately eligible in the new district to compete in those interscholastic athletic activities covered by the cooperative agreement.

(6)   Any student whose parents change district of residence but who remains in the original district without interruption in attendance continues to be eligible in the member or associate member school of attendance.

(7)   A special education student whose attendance center changes due to a change in placement agreed to by the district of residence is eligible in either the resident district or the district of attendance, but not both.

(8)   In any transfer situation not provided for elsewhere in this chapter, the executive board shall exercise its administrative authority to make any eligibility ruling which it deems to be fair and reasonable.  The executive board shall consider the motivating factors for the student transfer.  The determination shall be made in writing with the reasons for the determination clearly delineated.

a.In ruling upon the transfer of students who have been emancipated by marriage or have reached the age of majority, the executive board shall consider all circumstances with regard to the transfer to determine if it is principally for school or athletic purposes, in which case participation shall not be approved.

b. A student who participates in the name of a member or associate member school during the summer following eighth grade is ineligible to participate in the name of another member or associate member school in the first 90 consecutive school days of ninth grade unless a change of residence has occurred after the student began participating in the summer.

c. A school district that has more than one high school in its district shall set its own eligibility policies regarding intradistrict transfers.

36.15(4) Open enrollment transfer rule.  A student in grades 9 through 12 whose transfer of schools had occurred due to a request for open enrollment by the student’s parent or guardian is ineligible to compete in interscholastic athletics during the first 90 school days of transfer except that a student may participate immediately if the student is entering grade 9 for the first time and did not participate in an interscholastic athletic competition for another school during the summer immediately following eighth grade.  The period of ineligibility applies only to varsity level contests and competitions.  (“Varsity” means the highest level of competition offered by one school or school district against the highest level of competition offered by an opposing school or school district.)  This period of ineligibility does not apply if the student:

          a.   Participates in an athletic activity in the receiving district that is not available in the district of residence; or

          b.   Participates in an athletic activity for which the resident and receiving districts have a cooperative student participation agreement pursuant to rule 20(280); or

          c.   Has paid tuition for one or more years to the receiving school district prior to making application for and being granted open enrollment; or

         d.   Has attended in the receiving district for one or more years prior to making application for and being granted open enrollment under a sharing or mutual agreement between the resident and receiving districts; or

         e.   Has been participating in open enrollment and whose parents/guardians move out of their district of residence but exercise either the option of remaining in the original open enrollment district or enrolling in the new district of residence.  If the pupil has established athletic eligibility under open enrollment, it is continued despite the parent’s or guardian’s change in residence; or

         f.   Has not been participating in open enrollment, but utilizes open enrollment to remain in the original district of residence following a change of residence of the student’s parent(s).  If the pupil has established athletic eligibility, it is continued despite the parent’s or guardian’s change in residence; or

         g.   Obtains open enrollment due to the dissolution and merger of the former district of residence under Iowa Code subsection 11(12); or

         h.   Obtains open enrollment due to the pupil’s district of residence entering into a whole-grade sharing agreement on or after July 1, 1990, including the grade in which the pupil would be enrolled at the start of the whole-grade sharing agreement; or

          i.   Participates in open enrollment and the parent/guardian is an active member of the armed forces and resides in permanent housing on government property provided by a branch of the armed services.

36.15(5) Eligibility for other enrollment options.

         a.   Shared-time students.  A nonpublic school student who is enrolled only part-time in the public school district of the student’s residence under a       “shared-time” provision or for driver education is not eligible to compete in interscholastic athletics in the public school district.

          b.   Dual enrollment.  A student who receives competent private instruction, not in an accredited nonpublic or public school, may seek dual enrollment in the public school of the student’s resident district and is eligible to compete in interscholastic athletic competition in the resident school district provided the student meets the eligibility requirements of these rules and those set by the public school of attendance.

If a student seeking such dual enrollment is enrolled in an associate member school of the Iowa Girls’ High School Athletic Union or Iowa High School Athletic Association, the student is eligible for and may participate in interscholastic athletic competition only for the associate member school or a school with which the associate member school is in a cooperative sharing agreement.  (Eligibility in such case is governed by 281 IAC 36.1(280).)

Any ineligibility imposed under this chapter shall begin with the first day of participation under dual enrollment.  Any period of ineligibility applies only to varsity level contests and competitions.  (“Varsity” means the highest level of competition offered by one school or school district against the highest level of competition offered by an opposing school or school district.)

          c. Competent private instruction. A student who receives competent private instruction, and is not dual-enrolled in a public school, may participate in and be eligible for interscholastic athletics at an accredited nonpublic school if the student is accepted by that school and the student meets the eligibility requirements of this chapter and those set by the accredited nonpublic school where the student participates.  Application shall be made to the accredited nonpublic school on a form provided by the department of education.

If a student seeking such participation is enrolled in an associate member school of the Iowa Girls’ High School Athletic Union or Iowa High School Athletic Association, the student is eligible for and may participate in interscholastic athletic competition only for the associate member school or a school with which the associate member school is in a cooperative sharing agreement.  (Eligibility in such case is governed by 281 IAC 36.1(280).)

Any ineligibility imposed under this chapter shall begin with the first day of participation with the accredited nonpublic school.  Any period of ineligibility applies only to varsity level contests and competitions.  (“Varsity” means the highest level of competition offered by one school or school district against the highest level of competition offered by an opposing school or school district.)

36.15(6) Summer camps and clinics and coaching contacts out of season.

a. School personnel, whether employed or volunteers, of a member or associate member school shall not coach that school’s student athletes during the school year in a sport for which the school personnel are currently under contract or are volunteers, outside the period from the official first day of practice through the finals of tournament play.  Provided, however, school personnel may coach a senior student from the coach’s school in an all-star contest once the senior student’s interscholastic athletic season for that sport has concluded. In addition, volunteer or compensated coaching personnel shall not require students to participate in any activities outside the season of that coach’s sport as a condition of participation in the coach’s sport during its season.

b. A summer team or individual camp or clinic held at a member or associate member school facility shall not conflict with sports in season.  Summertime coaching activities shall not conflict with sports in season.

36.15(7) Nonschool team participation.  The local school board shall by policy determine whether or not participation in nonschool athletic events during the same season is permitted and provide penalties for students who may be in violation of the board’s policy.

This rule is intended to implement Iowa Code sections 256.46, 280.13 and 282.18.

281—36.16(280)  Executive board review. A student, parent of a minor student, or school contesting the ruling of a student’s eligibility based on these rules, other than subrule 36.15(1), or paragraph 36.15(2)“c,” “d,” “f,”  or “k,” or a school contesting a penalty imposed under paragraph 36.15(6) “b,” shall be required to state the basis of the objections in writing, addressed to the executive officer of the board of the governing organization. Upon request of a student, parent of a minor student, or a school, the executive officer shall schedule a hearing before the executive board on or before the next regularly scheduled meeting of the executive board, but not later than 20 calendar days following the receipt of the objections unless a later time is mutually agreeable.  The executive board shall give at least 5 business days’ written notice of the hearing.  The executive board shall consider the evidence presented and issue findings and conclusions in a written decision within 5 business days of the hearing, and shall mail a copy to appellant.

281—36.17(280)  Appeals to director If the claimant is still dissatisfied, an appeal may be made in writing to the director of education by giving written notice of the appeal to the state director of education with a copy by registered mail to the executive officer of the governing organization. An appeal shall be in the form of an affidavit and shall be filed within 10 business days after the date of mailing of the decision of the governing organization. The director of education shall establish a date for hearing within 20 calendar days of receipt of written notice of appeal by giving at least 5 business days’ written notice of hearing to the appellant unless another time is mutually agreeable. The procedures for hearing adopted by the state board of education and found at 281—Chapter 6 shall be applicable, except that the decision of the director is final. Appeals to the executive board and the state director are not contested cases under Iowa Code subsection 17A.2(5).

281—36.18(280)  Organization policies.  The constitution or bylaws of organizations sponsoring contests for participation by member schools shall reflect the following policies:

36.18(1) Expenditure policy.  It shall be the expenditure policy of each organization, after payment of costs incurred in 36.6(280) to 36.9(280) and legitimate expenses for housing, equipment and supplies including by agreement with other organizations having a mutual interest in interscholastic activities, to use all receipts to promote and fiscally sponsor those extracurricular interscholastic contests and competitions deemed by it to be most beneficial to all eligible students enrolled in member schools.  Organizations with large revenues may provide assistance in staff, space, equipment and the transfer of funds to other organizations whose contests or competitions do not generate sufficient moneys to carry out an adequate program in their areas of service.  Each organization shall make an annual payment to the federation to cover the necessary expenditures of the federation.  The amount of this payment shall be determined by the federation.

36.18(2) Federation survey.  A survey shall be made at least biennially, using a sampling procedure selected by the executive committee of the federation to determine in what extracurricular interscholastic contests or competitions students of member secondary schools would like to participate.  The organizations shall put high priority on the findings of the survey in the determination of what interscholastic activities are to be sponsored.

36.18(3) Calendar of events.  The federation shall establish yearly in advance a calendar of events for the interscholastic contests and competitions sponsored by the organizations.

36.18(4) Information to local member schools.  The federation shall distribute to member schools the yearly calendar of events and other information believed by officers of the federation to be helpful to local school officials in providing a comprehensive program of extracurricular interscholastic contests or competitions.

36.18(5) “All–star” contests.  A student enrolled in a member or associate member school will be ineligible for 12 calendar months in the sport in which the violation occurred if the student participates in an all–star contest.

36.18(6) Team participation.  Participation in interscholastic contests or competitions shall be by school teams only and not selected individuals, with the exception of individual sports events such as wrestling, track, cross country, golf, tennis, and music and speech activities.

36.18(7) Contests outside Iowa.  Out–of–state contest participation by a member school shall be limited to regularly scheduled interscholastic activities.

36.18(8) Promoting interstate contests.  No activity organization shall sponsor interstate contests or competition between individuals, teams or groups.

36.18(9) Chaperones.  It is the responsibility of all school districts to see that all teams or contestants are properly chaperoned when engaged in interscholastic activities.

36.18(10) Membership.  Membership in an organization shall be limited to schools accredited by the department or approved by the department solely for purposes of associate membership in a registered organization.

281—36.19(280)  Eligibility in situations of district organization change.  Notwithstanding any other provision of this chapter, in the event eligibility of one or more students is jeopardized or in question as a result of actions beyond their control due to pending reorganization of school districts approved by the voters under Iowa Code chapter 275; action of the district boards of directors under Iowa Code section 274.37; or the joint employment of personnel and sharing of facilities under Iowa Code section 280.15 and the result is a complete discontinuance of the high school grades, or discontinuance of the high school grades pursuant to Iowa Code section 282.7, first paragraph, the boards of directors of the school districts involved may, by written agreement, determine the eligibility of students for the time the district of residence does not provide an activity program governed by this chapter.  When the respective boards have not provided by written agreement for the eligibility of students whose eligibility is jeopardized or questioned four weeks prior to the normal established time for beginning the activity, students or parents of students involved may request a determination of eligibility from the governing body of the organization involved.  All parties directly interested shall be given an opportunity to present their views to the governing board.

A determination of eligibility by the governing board shall be based upon fairness and the best interests of the students.

In the event that one or more parties involved in the request for determination before the governing board are dissatisfied with the decision of the governing board, an appeal may be made by the dissatisfied party to the director of the department under the provisions of 36.17(280).  A decision of the director in the matter shall be final.

The above provisions shall apply insofar as applicable to changes of organization entered into between two or more nonpublic schools.

This rule is intended to implement Iowa Code section 280.13.

281—36.20(280)*  Cooperative student participation.  Notwithstanding any other provision of this chapter, in the event a member or associate member school does not directly make participation in an interscholastic activity available to its students, the governing board of the member or associate member school may, by formally adopted policy if among its own attendance centers, or by written agreement with the governing board of another member or associate member school, provide for the eligibility of its students in interscholastic activities provided by another member or associate member school.  The eligibility of students under a policy, insofar as applicable, or a written agreement is conditioned upon the following:

*See last paragraph of this rule.

36.20(1) All terms and conditions of the agreement are in writing;

36.20(2) The attendance boundary of each school that is party to the agreement is contiguous to or contained within the attendance boundary of one of the other schools, unless the activity is not offered at any school contiguous to the party district, or all schools that are contiguous refuse to negotiate an agreement with the party district, in which case the contiguous requirement may be waived by the applicable governing organization.  For the purposes of this rule, a nonpublic school member will utilize the attendance boundaries of the public school in which its attendance center is located;

36.20(3) Any interscholastic activity not available to students of the schools participating in the agreement may be included in the agreement.  A school’s students may be engaged in cooperative activities under the terms of only one agreement;

However, if several schools are in a consortia cooperative agreement for a specific activity, they are not precluded from having a separate agreement with one or more of the same schools for a different activity as long as all schools of the consortia agree to such a separate agreement.

36.20(4) Agreements shall be for a minimum of one school year.  Amendments may be made to agreements, including allowing additional member schools to join an existing agreement, without necessarily extending the time of existence of the agreement.

36.20(5) All students participating under the agreement are enrolled in one of the schools, are in good standing and meet all other eligibility requirements of these rules;

36.20(6) A copy of the written agreement between the governing boards of the particular schools involved, and all amendments to the agreement, shall be filed with the appropriate governing organization(s) no later than April 30 for the subsequent year, unless exception is granted by the organization for good cause shown.  The agreements and amendments shall be deemed approved unless denied by the governing organization(s) within ten calendar days;

36.20(7) It is the purpose of this rule to allow individual students participation in interscholastic competition in activities not available to them at the school they attend, through local policy or arrangements made between the governing boards of the schools involved, so long as the interscholastic activities of other schools are not substantially prejudiced.  Substantial prejudice shall include, but not necessarily be limited to, situations where a cooperative effort may result in an unfair domination of an activity, or substantial disruption of activity classifications and management.  In the event an activity organization determines, after investigation, that an agreement between schools that was developed under the terms of this rule results in substantial prejudice to other schools engaged in the activity, or the terms of the agreement are not in conformity with the purpose and terms of this rule, the activity organization may give timely notice to the schools involved that the local policy or agreement between them is null and void for the purposes of this rule, insofar as cooperative student participation is concerned with a particular activity.  Determinations are appealable to the director of education under the applicable terms of 281—36.17(280).  For notice to be timely, it must be given at least 45 calendar days prior to the beginning of the activity season.

This rule shall become effective on January 8, 1986.  However, prior written agreements in existence at the time of this rule’s adoption shall continue in force and effect until terminated by the parties or by the terms of the existing agreement.

This rule is intended to implement Iowa Code section 280.13.

 

[Filed 12/13/66; amended 12/15/72, 10/12/73, 7/25/75]

[Filed 1/12/76, Notice 10/20/75—published 1/26/76, effective 3/1/76]

[Filed 2/28/77, Notice 12/15/76—published 3/23/77, effective 4/27/77]

[Filed emergency 4/25/80—published 5/14/80, effective 5/1/80]

[Filed 7/24/81, Notice 4/15/81—published 8/19/81, effective 9/25/81]

[Filed 5/20/82, Notice 2/17/82—published 6/9/82, effective 8/1/82, 7/1/83*]

[Filed 11/14/85, Notice 7/31/85—published 12/4/85, effective 1/8/86]

[Filed 11/14/86, Notice 8/27/86—published 12/3/86, effective 1/7/87]**

[Filed 11/14/86, Notice 9/10/86—published 12/3/86, effective 1/7/87]**

[Filed 8/19/88, Notice 6/29/88—published 9/7/88, effective 10/12/88]

[Filed 5/12/89, Notices 2/8/89, 4/5/89—published 5/31/89, effective 7/5/89] ?

[Filed 9/15/89, Notice 7/26/89—published 10/4/89, effective 11/8/89]

[Filed 1/17/92, Notice 10/2/91—published 2/5/92, effective 7/1/92]

[Filed 10/9/92, Notice 6/24/92—published 10/28/92, effective 12/2/92]

[Filed 2/12/93, Notice 9/16/92—published 3/3/93, effective 4/7/93]

[Filed 3/11/94, Notice 12/8/93—published 3/30/94, effective 5/4/94]

[Filed emergency 5/20/94—published 6/8/94, effective 5/20/94]

[Filed 9/9/94, Notice 6/8/94—published 9/28/94, effective 11/2/94]

[Filed 11/17/94, Notice 9/28/94—published 12/7/94, effective 1/11/95]

[Filed emergency 2/26/96—published 3/13/96, effective 3/13/96]

[Filed 9/13/96, Notice 7/17/96—published 10/9/96, effective 11/13/96]

[Filed emergency 11/25/96—published 12/18/96, effective 11/25/96]

[Filed 2/13/97, Notice 12/18/96—published 3/12/97, effective 4/16/97] ?

[Filed 8/8/97, Notice 6/4/97—published 8/27/97, effective 10/1/97]

[Filed 8/10/98, Notice 5/6/98—published 9/9/98, effective 10/14/98]

[Filed 4/19/02, Notice 2/6/02—published 5/15/02, effective 6/19/02]

[Filed 8/2/02, Notice 6/26/02—published 8/21/02, effective 9/25/02]

[Filed 3/3/06, Notice 12/7/05-published 3/29/06, effective 7/1/06]

[Filed 4/3/08, Notice 1/16/08-published 4/23/08, effective 7/1/08]

*See rule 36.20, last paragraph.

**See Education, Department of[281], IAB.

Two ARCs

 

 

Chapter 37

EXTRACURRICULAR ATHLETIC ACTIVITY CONFERENCE FOR MEMBER SCHOOLS

 281—37.1(280)  Policy and purpose.  It is the purpose of this chapter to provide a procedure ensuring that a school desiring to be a member of a conference providing extracurricular athletic contests and competitions for students is granted this opportunity.  Membership shall be with other schools of comparable size and within reasonable geographic proximity.  For purposes of this chapter, member school means a school or school district granted such status by any corporation, association, or organization registered with the state department of education pursuant to Iowa Code section 280.13, and includes associate members.

281—37.2(280)  Initial responsibility.  The initial authority and responsibility for conference development, membership, and alignment rests with the board of directors of each public school district and the authorities in charge of each nonpublic school.

281—37.3(280)  Complaint to the director, department of education.  A member school that believes it has been unfairly excluded or prevented from obtaining membership in an athletic activity conference that would provide the opportunity for participation of its students in athletic events or contests with students from other member schools of comparable size and within reasonable geographic proximity may file a complaint stating this concern with the director of the department of education.  The complaint shall set forth in a plain and concise manner the reasons the member school believes the director should intervene in conference alignment decisions and the specific relief requested by the member school.  The complaint shall be signed by the president of the board of directors of a public school district or a representative of the officials in charge of an accredited nonpublic school.  The director or the director’s designee shall, within ten days, acknowledge to the member school receipt of the complaint in writing.

281—37.4(280)  Mediation.  The director of the department of education shall require that the executive director of the Iowa High School Athletic Association (hereinafter association) and the executive secretary of the Iowa Girls’ High School Athletic Union (hereinafter union) organizations recognized in 281—Chapter 36, or their designees, form a mediation team to meet with the complainant and representatives of other affected member schools.  If the complaint involves conference alignment for athletic activities represented by only one of the organizations, only that organization shall be involved in the mediation.  A copy of all materials filed with the director by the complainant member school shall be provided to the mediation team.

The mediation team shall meet with administrators or board members of schools potentially affected by changes in conference alignment related to the complaint.  Schools shall send representatives who have knowledge of the impact of a conference realignment and full authority to respond on behalf of their member school.  Factors to be weighed in reaching resolution will include, but not be limited to, school enrollment figures (current and projected), travel distances, comparability of instructional programs, traditional rivalries, number of existing and proposed schools in the conference, and comparability of athletic programs and other school–sponsored programs.

281—37.5(280)  Resolution or recommendation of the mediation team.  If mediation results in resolution of the complaint, no further action shall be necessary on the part of the director, and the implementation of the mediation agreement shall be left with the boards of directors of school districts and the authorities in charge of nonpublic schools.  If no resolution is reached within 50 days of the start of the mediation process, the mediation team shall make a recommendation to the director as to the best resolution of the complaint.  Copies of this recommendation shall be given to all affected member schools.  The director shall establish a time for a hearing on this recommendation within 45 days of the receipt of the mediation team’s recommendation.  The director or director’s designee shall conduct the hearing at which time all affected parties shall be given the opportunity to provide oral or written testimony or submit other evidence.  The director or director’s designee shall reserve the right to establish time limits on appearances at the hearing.

281—37.6(280)  Decision.  In reaching a decision on the complaint, the director shall consider information gathered by the mediation team and its recommendation as well as the written and oral testimony from the hearing.  In addition, the director or the director’s designee may consult with other individuals, organizations, or conference representatives able to provide input on a decision.  If a designee of the director conducts the hearing and review process, the findings of the designee shall be reviewed by the director.  A final decision on the complaint shall be made by the director.  The decision may affect conference realignment or direct other appropriate relief to remedy the complaint.  The director shall make a decision within 60 days of the hearing, and copies of the decision shall be provided to all affected parties.

281—37.7(280)  Effective date of the decision.  If the decision requires conference realignment, the date of this change shall be made with deference given to existing contracts and commitments.  Alignment changes shall be made for four–year periods with automatic review by the director after two years so that further necessary changes take effect at the conclusion of the four–year period, unless agreement exists that implementation of the changes can occur at an earlier date.

These rules are intended to implement Iowa Code section 280.13.

[Filed 11/22/91, Notice 10/2/91—published 12/11/91, effective 1/15/92]

[Filed 4/19/02, Notice 2/6/02—published 5/15/02, effective 6/19/02]

Article III

 

COMPETITION FOR MEMBER SCHOOLS

Section 1. A member or associate of the I.G.H.S.A.U. is permitted to play within the school game limitation rule:

(a) Other members of the Union or out of state members of a like organization

(b) The member school alumni team (immediately after completion of the school season

INTERSTATE TOURNAMENTS AND MEETS

Section 2. No school which is a member of the I.G.H.S.A.U. shall participate in any of the following contests unless such contest has been sanctioned by the Board of Directors.

(a) Any interstate two-school contest which is sponsored by an individual organization other than a member school.

(b) Any meet, tournament, or other athletic contest for determining a national high school championship.

VARSITY TEAMS

Section 3. There can be only one varsity team in any sport.

FILING SCHEDULE

Section 4. Member schools shall file with the I.G.H.S.A.U. office a copy of required schedules.

HOLIDAY PARTICIPATION

Section 5. No member school of the Iowa Girls’ High School Athletic Union from Christmas eve through January 1, inclusive.

RULES OF COMPETITION

Section 6.  The official Rulebook as approved by the Iowa Girls’ High School Athletic Union shall apply to each competition.

DUTIES OF THE ADMINISTRATOR

Section 7.   An Administrator shall furnish to the Executive Director such information as may be desired concerning eligibility of contestants, participation, and reports of officials. Failure to comply within the stipulated time or reasonable time shall subject the school to suspension, or other penalty.

SCRIMMAGES

Section 8. Scrimmages between member schools shall be permitted between the date of first legal practice and the final day of State Tournament play. Teams may travel up to and including 100 miles from the home high school base for scrimmages, providing such is effected without loss of school time. Teams may also scrimmage a high school team from another contiguous state (plus Kansas), provided that the school is a member institution of that state’s activity association and that it falls within the 100-mile scrimmage radius. If a school is scrimmaging at an out-of-state school, the scrimmage rules of that state shall apply. Iowa scrimmage rules will apply for scrimmages held in Iowa. A scrimmage shall be defined as that which takes place between member schools at one site on one calendar day, as well as established definition relating to the mandatory absence of timing, scorekeeping and spectator charge. In order for a player to be charged with a scrimmage, she must have participated in the scrimmage.

Article IV

OFFICIALS

Competition involving high school students in volleyball, basketball, soccer and softball must have at least two registered officials. Track, cross country and swimming competitions require one registered official.  (EXCEPTION – non varsity volleyball may use one registered official per court.  When only one official is used, that official must be registered and shall be the referee.)  Any competition involving junior high students must have at least one registered official.

In soccer, high school students may officiate sub varsity level matches. Students must be a registered interscholastic soccer official and may NOT officiate matches involving the school they attend.

Section 1.

(a) Game officials shall be agreed upon by both schools.

(b) All high school officials must be registered and approved by the I.G.H.S.A.U. Any interscholastic competition involving high school students must have all registered officials. In the event any of the officials are not present, the game may be played with one registered official by mutual agreement. (EXCEPTION  non varsity volleyball may use one registered official per court. When only one official is used, that must be registered and shall be the referee.) Any competition involving junior high students must have at least one registered official.

Section 2. The Executive Director shall be allowed to temporarily suspend officials, pending a hearing by the Board of Directors, who are guilty of unsportsmanlike conduct at athletic contests; or who fail to observe professional officiating ethics, or who fail to file requested reports with the general office.

Section 3.   A school may drop an official from a game after he/she has been engaged. If a school decides that it is wise to break its agreement with an official, it may be done by paying the official the regular fee for the game. Cancelled and postponed games do not come under the above provision, provided the official is duly notified. In the case of postponed games, the officials that were originally employed must be given the opportunity to work on the new date.

A school associated with breaking a contract with an official is relieved of responsibility for paying the normal fee to the official in the event the official contracts for a game on the same date with any other member school.

MANAGEMENT OF ATHLETIC CONTESTS

Section 4.  All games shall be properly supervised to insure sportsmanlike conduct. Member schools are responsible for the conduct of their own fans and students at every athletic contest regardless of where it may be held.

Article V

JUNIOR HIGH

Section 1.  For each Junior High attendance center within a district where interschool competition is allowed, a membership must be maintained with the I.G.H.S.A.U.

Section 2. All students participating on a team from a Junior High attendance center must be enrolled in the same school.

Section 3.  Any time there is more than one junior high attendance center in a school district, any game between these two attendance centers must count towards the team limitation.

Section 4. Competition may not start before 4:00 p.m. nor later than 5:30 p.m.

Section 5. Ninth grade students (and older) are ineligible to compete with seventh and eighth grade students or in another manner of speaking, on Junior High School teams. This applies to all competition teams in the Athletic Union sanctioned events.