days following the student's enrollment in the new school. An administering organization may
waive this restriction for a high school student if it determines by a preponderance of the evidence
that the student's transfer was for a bona fide purpose.
c.
A student who receives priority enrollment as the child of a full-time employee of a charter school
pursuant to G.S. 115C-218.45(f)(3) shall not be eligible to participate in interscholastic athletics for
that charter school if the Department of Public Instruction determines that the parent's employ-
ment was a fraudulent basis for the student's priority enrollment. A student determined to be ineli-
gible under this provision shall be ineligible to participate in interscholastic athletics for 365 calen
dar days following discovery of the violation.
d.
For purposes of this Section, if a student transfers from a public school to a nonpublic school,
including a home school as defined in G.S. 115C-563(a), and within 365 calendar days transfers to a
different public school, the transfer from the nonpublic school shall be treated as a transfer from a
public school.
e.
A student who transfers to the North Carolina School of Science and Mathematics is exempt from
the requirements of this Paragraph upon initial entry into that school.
f.
No student shall participate in more than one season of interscholastic athletics per year in the
same sport, regardless of the school on behalf of which the student participated.
NCHSAA Application Note 1.2.5. The requirements set forth in ATHL-005, Section 5 apply to students at all mem-
bership entities. Therefore, a student who transfers from a school in one membership entity to a school in a differ
ent membership entity shall not participate in interscholastic athletics for 365 calendar days following the stu
dent's enrollment in the new school, except by mutual agreement of the governing authorities of each membership
entity.
(a)
Absent a transfer in compliance with or mutual agreement of the membership entities, the mem-
bership entity wishing to have a student participate (the “transferee” or “receiving” membership
entity), must apply to the NCHSAA for a waiver. See Rule 1.3 for information about applying
for a waiver.
(b)
Any transferee or receiving membership entity wishing to have a student participate when the
student is rendered ineligible by ATHL-005, Section 5.b must apply to the NCHSAA for a waiver. See
Rule 1.3 for information about applying for a waiver.
(c)
When a student transfers pursuant to ATHL-005, Section 5.a, and the receiving membership entity
wishes to have the student participate in interscholastic athletic activities during the 365 calendar
days after transfer, the receiving membership entity shall send a transfer request (on the
form provided by the NCHSAA) to the transferor membership entity. In response to the transfer
request, the transferor membership entity may (1) agree that the student can participate in all
sports, or (2) decline to agree that the student can participate in all sports, specifying the sport or
sports for which the request is declined and the reason for declining. The transferor membership
entity must return the signed transfer request (whether it agrees or declines to agree) to the receiv-
ing membership entity within five business days of receiving the transfer request. Any transferor
membership entity that fails to timely respond to a transfer request forfeits its right to receive and
respond to a waiver request under Application Note 1.2.5(d).
(d)
When a membership entity seeks a waiver of the transfer rules, the NCHSAA will provide a copy of
the waiver request and supporting documentation to the transferor school before ruling on the
waiver request. The transferor school will have the opportunity to provide information relevant to
the waiver request within the time allotted by the NCHSAA. The transferor school will receive a copy
of the NCHSAA’s ruling on the waiver request.
(e)
In any case where the membership entity has applied for waiver, the student remains ineligible and
may not participate in practices or contests until the NCHSAA has approved or has been required by
the decision of the appeals board (defined in ATHL-013, Section 1) to approve the waiver request.
(f)
ATHL-005, Section 5.f provides that “[n]o student shall participate in more than one season of inter
scholastic athletics per year in the same sport, regardless of the school on behalf of which the stu-
dent participated.” ATHL-005, Section 7.b.ii provides that a student “[s]hall be eligible to participate
at the high school level for no more than eight consecutive semesters, beginning with the student’s
initial entry into Grade 9." The combined effect of these rules is that no student-athlete may partici-
pate in a high school contest if the student has taken part in contests during four separate seasons
in that sport.
(g)
For students at all membership entities, enforcement of the season limit in ATHL-005, Section 5.f
and the eight-semester limit in ATHL-005, Section 7.b.ii begins upon the student’s initial entry into
ninth grade. Initial entry is defined in Rule 1.1.1 (ATHL-001, Section 1.f and Rule 1.1.2 above.)
(h)
The season limit in ATHL-005, Section 5.f encompasses any season in which the student played on a
team for any school at the high school level, member or non-member, within or outside North Carolina.
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