16 NCAC 06E .0207          Student participation rules for interscholastic atletics

(a)  A student shall not participate in interscholastic athletics on behalf of a North Carolina public school unless the student has satisfied the eligibility requirements set forth in this Rule. PSUs are authorized to determine whether and to what extent students under their jurisdiction may participate in interscholastic athletics, not inconsistent with the requirements of this Rule.

(b)  Each PSU shall require the principal of a participating school to sign and date a list of eligible students for each sport. The PSU shall maintain a copy of the most current list in the principal's office and the office of the superintendent.

(c)  Residency Requirements

(1)           For purposes of this Rule, a student's primary residence shall be determined as follows:

(A)          If the student lives with both parents, the residence of both parents.

(B)          If the student lives with a single parent, the residence of that parent.

(C)          If the student's parents are separated or divorced, the residence of the parent to whom a court of competent jurisdiction has awarded primary custody of the student. If no custody order has been entered, the student's primary residence shall be deemed to be that at which the student is residing more than half-time at the beginning of the school year.

(D)          If a student lives with an individual to whom a court of competent jurisdiction has awarded legal guardianship of the student, the residence of that individual.

(E)           If a student has been emancipated in accordance with Chapter 7B, Article 35 of the General Statutes, the student's residence at the time of emancipation.

(F)           If a student is a foreign national participating in a foreign exchange program authorized by federal and state law, the residence to which the student is assigned by the program or host PSU.

(2)           A student shall not participate in interscholastic athletics following a change in primary residence unless the change was made for a bona fide purpose and with the intent that it be permanent. An administering organization shall resolve, by a preponderance of the evidence, any disputes regarding a high school student's primary residence or whether a change in a student's primary residence was for a bona fide purpose.

(d)  Enrollment Requirements

(1)           A student who attends 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.

(2)           A student enrolled in a charter school, regional statewide public 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 a school described in this Subparagraph shall not participate in interscholastic athletics on behalf of that school unless the student's primary residence is within either:

(A)          the county in which the school is located, or

(B)          twenty-five miles of the school as determined by an administering organization.

(3)           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 independently covered by catastrophic accident insurance.

(e)  Transfer Requirements

(1)           After a student's initial entry into Grade 9, and absent a change in residence for a bona fide purpose as provided in Paragraph (c) of this Rule:

(A)          a student who transfers from one school to another school within the same PSU shall not participate in interscholastic athletics for 365 calendar days following the student's enrollment in the new school, unless the governing authority of the PSU has adopted a policy allowing immediate eligibility for students who are assigned by the PSU to a different school within the same PSU.

(B)          a student who transfers from a school in one PSU to a school in a different PSU shall not participate in interscholastic athletics for 365 calendar days following the student's enrollment in the new school, except by mutual agreement of the governing authorities of each PSU.

(2)           After a student's initial entry into Grade 9, if a student transfers to a new school within 365 calendar days after that school hires a coach for an interscholastic athletics team who was previously employed as a coach for an equivalent sport by the school from which the student is transferring, the student shall be ineligible to participate in interscholastic athletics for that sport for 365 calendar days following the student's enrollment in the new school. An administering organization may waive this restriction it determines by a preponderance of the evidence that the student's transfer was for a bona fide purpose.

(3)           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 employment was a fraudulent basis for the student's priority enrollment. A student determined to be ineligible under this Subparagraph shall be ineligible to participate in interscholastic athletics for 365 calendar days following discovery of the violation.

(4)           For purposes of this Paragraph, 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.

(5)           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.

(6)           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.

(f)  Scholastic Requirements

(1)           To be eligible to participate in interscholastic athletics, a student must be in good academic standing. For purposes of this Rule, a student shall be deemed to be in good academic standing under the following circumstances:

(A)          The student attended at least 85 percent of the total number of instructional days in the PSU during the previous semester;

(B)          The student passed at least 70 percent of the courses taken in the preceding semester; and

(C)          The student is making sufficient progress toward meeting the academic and curricular requirements of the PSU and the State Board of Education to be promoted to the next grade level or to graduate within the next calendar year.

(2)           For the purpose of determining good academic standing during the fall semester, a student may count courses that the student passed in a summer school session in which the student was enrolled during the same calendar year toward the total number of courses passed in the preceding spring semester, provided that summer school courses shall not affect the total number of courses attempted in the preceding spring semester.

(3)           A student who is promoted from Grade 5 to Grade 6 shall be deemed to have satisfied the requirements set forth in this Paragraph to participate in the first semester of Grade 6.

(4) A student who is promoted from Grade 8 to Grade 9 shall be deemed to have satisfied the requirements set forth in this Paragraph to participate in the first semester of Grade 9.

(5)           For interscholastic athletic activities occurring between July 1, 2024, and December 31, 2024, any student who has satisfied the requirements of 16 NCAC 06E .0204(d), as it was written on June 30, 2024, shall be deemed to have satisfied the requirements of this Paragraph.

(g)  Age Requirements

(1)           Each PSU shall determine the age of a student participating in interscholastic athletics based on a preponderance of the evidence known to the PSU.

(2)           A student who is ineligible to participate at one grade level due to age shall be eligible to participate at the next higher grade level only, provided that a student:

(A)          Shall be eligible to participate at the middle school level for no more than six consecutive semesters, beginning with the student's initial entry into Grade 6.

(B)          Shall 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.

(C)          Shall not participate on a middle school team if the student becomes 15 years of age before August 31 of that school year.

(D)          Shall not participate on a junior high school team if the student becomes 16 years of age on or before August 31 of that school year.

(E)           Shall not participate on a high school team if the student becomes 19 years of age on or before August 31 of that school year.

(3)           A student in Grade 6 shall not participate in tackle football.

(h)  Biological Requirements. All students participating in interscholastic athletics shall comply with the biological participation requirements as provided in G.S. 115C-407.59.

(i)  Medical Requirements. To be eligible to participate in interscholastic athletics, a student shall receive a medical examination every 395 days by a licensed physician, nurse practitioner, or physician assistant, subject to the provisions of Chapter 90 of the General Statutes.

(j)  A student shall not participate in interscholastic athletics after pleading guilty or "no contest" to, or being convicted of, a felony under the laws of North Carolina, the United States, or any other state. Prior to deeming the student ineligible, an administering organization shall receive a certified copy of a criminal record reflecting the conviction and verify that the student is the same individual identified in the criminal record.

(k)  An administering organization shall, in an individual student's case, waive any eligibility requirement contained in this Rule if it finds that enforcing the requirement:

(1)           fails to promote academic progress, health, safety, and fair play;

(2)           works an undue hardship on a student who has lost eligibility due to circumstances that made participation impossible, such as prolonged illness or injury; or

(3)           prevents the reasonable accommodation of a student's disability, as required by the Americans with Disabilities Act, 42 U.S.C. 12101 et seq.

History Note:        Authority G.S. 115C-12(12); 115C-12(23); 115C-47(4); 115C-407.50; 115C-407.55; 115C-407.60;

115C-407.65; 116-235(b);

Temporary Adoption Eff. July 1, 2024.