the jurisdiction of the same PSU as the participating school for the two preceding semesters.
NCHSAA Application Note 1.2.3. The requirements set forth in ATHL-005, Section 3 apply to students at all mem-
bership entities. Upon initial entry, a student-athlete is eligible to participate at a particular member school as
set forth in ATHL-005, Section 4 and Application Note 1.2.4. This rule governs the determination of the student's
primary residence and changes in primary residence.
(a)
It is the obligation of the school to know the residence status of each student-athlete and to require
compliance with these rules.
(b)
Foreign exchange students may participate according to ATHL-005, Section 3.a.vi only if they satisfy
all other eligibility requirements, including but not limited to, the prohibition on participation after
graduation or eligibility for graduation from high school. Foreign students who are not part of an
organized and recognized foreign exchange program may apply for a waiver of the residence rule.
(c)
Determination of what constitutes a change of residence made for a bona fide purpose and
with the intent that it be permanent depends upon the facts of each case. In general, in order for a
change of residence to be considered made for a bona fide purpose and with the intent that
it be permanent, at least the following facts must exist, although the existence of these facts does
not necessarily establish a bona fide purpose/intended permanency:
(1)
The original residence must be abandoned as a residence; that is sold, rented, or disposed
of as a residence, and must not be used as residence by any member of the family.
(2)
The entire family must make the change and take with them the household goods and furni-
ture appropriate to the circumstances.
(3)
Change of schools must be contemporaneous with the change in residence.
Other evidence as to whether the change of residence was intended to be permanent and whether it
was made for athletic purposes may impact this determination.
(d)
When a student residing with one parent moves to the residence of the other parent absent a
change in the custody order applicable to the student, the change of residence will not be consid-
ered made for a bona fide purpose. Absent such a change in the custody order, a student moving
from the residence of one parent to another parent is subject to the provisions of ATHL-005, Section
5, unless a waiver is obtained.
(e)
A student who resides out-of-state but attends a member high school could be eligible if:
(1)
The student attends a member non-boarding parochial school or is a member of a parochial
church and submits an authorized pastor verification form.
(2)
The out-of-state student-athlete is attending a member school as an employee benefit
because a parent is working at the school, in which case the school must request a waiver of
the residence rule with appropriate documentation as a result of the employee status.
(f)
In no case will any exception be made to the following principles:
(1)
A student may not participate at a second school in the same sport during the same sport
season, except in the event of a change of primary residence for a bona fide purpose and
with the intent that it be permanent.
(2)
Documents purporting to establish guardianship or custody issued by a notary public, an
attorney, a clerk of court, or any entity other than a court of record with competent jurisdic-
tion will not be accepted.
(g)
At the request of a member school or upon learning of a potential violation of this rule, the NCHSAA
will resolve, by a preponderance of the evidence, any disputes regarding a student's primary res-
idence or whether a change in the student's primary residence was made for a bona fide purpose
and with the intent that it be permanent.
1.2.4
ATHL-005, Section 4 - Enrollment Requirements
a.
A student enrolled in a school supervised by a local board of education shall only participate in
interscholastic athletics on behalf of the school to which the student is assigned under G.S. 115C-
366.
b.
A student enrolled in a charter school, regional school, or school operated by the University of North
Carolina shall meet all the enrollment criteria for that school and attend that school. A student who
attends one of these schools shall not participate in interscholastic athletics on behalf of that school
unless the student's primary residence is within either:
i.
the county in which the school is located, or
ii.
twenty-five miles of the school as determined by the relevant rule administrator.
c.
A local board of education may by policy allow a person who is enrolled in Grade 6 through 12 in
a home school, as defined in G.S. 115C-563(a), and whose primary residence is within the board's
jurisdiction to participate in interscholastic athletics on behalf of a participating school under the
board's jurisdiction, provided that the board either agrees to cover any such person whom it allows
to participate under its catastrophic athletic accident insurance policy or verifies that the person is
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