(a) The purpose of the Delaware Interscholastic Athletic Association is to do all of the following:

(1) Preserve and promote the educational significance of interscholastic athletics.

(2) Ensure that interscholastic sports remain compatible with the educational mission of the member schools.

(3) Provide for fair competition among member schools.

(4) Promote sportsmanship and ethical behavior.

(5) Establish and enforce standards of conduct for athletes, coaches, administrators, officials, and spectators.

(6) Protect the physical well-being of athletes.

(7) Promote healthy adolescent lifestyles.

(b) The General Assembly intends for the Delaware Interscholastic Athletic Association to work in consultation and cooperation with the Department of Education toward full implementation of this chapter.

73 Del. Laws, c. 374, §  3;  83 Del. Laws, c. 518, § 1; 

As used in this chapter:

(1) “Advanced practice registered nurse” means as defined in § 1902 of Title 24.

(2) “Athletic trainer” means as defined in § 2602 of Title 24.

(3) “Association” means the Delaware Interscholastic Athletic Association.

(4) “Athletic advantage” means a student transfers from a sending school to a receiving school for any of the following reasons:

a. To seek a superior team.

b. To seek a team more compatible with the student’s abilities.

c. Dissatisfaction with the student’s position or playing time at the student’s sending school.

d. To follow a coach to another school at which the coach is employed.

e. Dissatisfaction with a philosophy, policy, method, or action of a coach or administrator pertaining to interscholastic athletics.

f. To avoid disciplinary action that another state athletic association has imposed.

g. To avoid disciplinary action that the sending school imposed and is related to or affects interscholastic athletic participation.

(5) “Attendance zone” means a geographical area established by law or by the governing body of a public school that entitles a student to attend a specific public school.

(6) “Board” means the Board of Directors of the Delaware Interscholastic Athletic Association.

(7) “Department” means the Department of Education.

(8) “Executive Director” means the Executive Director of the Delaware Interscholastic Athletic Association.

(9) “Guardian” means an individual that a court order has established is responsible for the care and management of a student.

(10) “Health-care provider” means a physician, a physician assistant, an advanced practice registered nurse, or another licensed health-care professional, each of whom is trained and experienced in the evaluation, management, and care of concussions.

(11) “HIB” means harassment, intimidation, or bullying.

(12) “Member school” means a school that is a full or associate member of the Association.

(13) “Participate” means to take part in an interscholastic athletic sport tryout, practice, scrimmage, or contest.

(14) “Physician” means as defined in § 1702 of Title 24.

(15) “Physician assistant” means as defined in § 1770A of Title 24.

(16) “Receiving school” means the school that a student transfers into after withdrawing from the student’s sending school.

(17) “Relative caregiver” means an adult who does not have legal custody or guardianship of a student but is, by blood, marriage, or adoption, any of the following to the student:

a. Great-grandparent, grandparent, or step-grandparent.

b. Great-aunt, aunt, step-aunt, great-uncle, uncle, or step-uncle.

c. Step-parent.

d. Sibling, step-sibling, or half-sibling.

e. Niece or nephew.

f. First cousin or first cousin once removed.

(18) “School day” means each day that students attend school during a regular academic school year, including a partial day in which students attend school for instructional purposes, as adopted by a school’s district or governing body. “School day” does not include weekends, holidays, summer school, or other days that are not part of a school’s regular academic year.

(19) “Secretary” means the Secretary of the Department of Education.

(20) “Sending school” means the school from which a student transfers to enroll in a receiving school.

(21) “State Board” means the State Board of Education.

(22) “Transfer” means a student has officially withdrawn from a sending school and officially enrolled in a receiving school under the receiving school’s established registration process.

73 Del. Laws, c. 374, §  3;  83 Del. Laws, c. 518, § 2;  84 Del. Laws, c. 217, § 2;  84 Del. Laws, c. 343, § 1;  84 Del. Laws, c. 472, § 1; 

(a) The Board shall promulgate regulations relating to member school interscholastic athletics. The Board may develop necessary policies and procedures to implement this chapter.

(b) (1) The Board shall develop regulations relating to secondary and middle school interscholastic athletics. In addition to the regulations required under § 304 of this title and §§ 10111 and 10113 of Title 29, the regulations must include at least all of the following:

a. Regulation of interscholastic athletic programs of each public school at the middle and high school levels.

b. Regulation of the interscholastic athletic program of each nonpublic school that elects to become a member school.

c. The manner in which a nonpublic school may elect to become a member school.

d. Eligibility requirements for a student to participate in interscholastic athletics, except as under § 313, § 314, or § 315 of this title.

e. Requirements for a student who participates in interscholastic athletics and nonschool competitions, except as under § 313, § 314, or § 315 of this title.

f. Requirements for a coach or sports official in interscholastic sports.

g. Sanctioning of school team competitions.

h. Other matters affecting interscholastic athletics.

(2) The Board may not approve a regulation that denies a student the right to simultaneously try out for, practice with, or participate in a game on a team similar to the school team on which that student is a member. The Board may, however, authorize dual membership and participation on a similar team only upon written consent by the student’s parent, custodian, or guardian. The written consent must clearly state the authority to participate on a particularly specified team of a designated organization or institution.

(c) The Board shall adopt regulations as to the sports over which the Association has jurisdiction.

(d) The Board shall adopt regulations applicable to a member school regarding the appropriate recognition and management of a student athlete exhibiting signs or symptoms consistent with a concussion. The regulations must require at least all of the following:

(1) Each student athlete and the athlete’s parent or guardian shall annually sign and return a concussion information sheet, that the Board designs, prior to the athlete initiating practice or competition.

(2) Each coach shall complete concussion training consistent with a timetable and curriculum that the Board establishes by regulation.

(3) A student athlete must be promptly removed from play if the athlete is suspected of sustaining a concussion or exhibits signs or symptoms of concussion until completion of assessment by a qualified health-care provider or medical clearance from a qualified health-care provider.

(4) Written clearance for return to play after a concussion must be from a health-care provider.

(e) The Board shall adopt regulations applicable to a member school regarding student athletes and awareness, recognition, and management of sudden cardiac arrest. The Board shall, through either regulation or policy adopted under regulation, do at least all of the following:

(1) Develop and make publicly available a sudden cardiac arrest information sheet that includes information regarding the nature and warning signs of sudden cardiac arrest.

(2) Prior to participating in practice or competition, require each student athlete and the athlete’s parent or guardian sign and return a sudden cardiac arrest information sheet that the Board designs.

(3) Require each student athlete to complete a heart history questionnaire as part of the preparticipation physical examination.

(4) Hold a current cardiopulmonary resuscitation (“CPR”) certification for each school-appointed head coach. The certification must include training on the use of an automated external defibrillator.

(5) Present to each coach and official sudden cardiac arrest awareness information.

73 Del. Laws, c. 374, §  3;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 192, §  1;  79 Del. Laws, c. 419, §  1;  83 Del. Laws, c. 518, § 3;  84 Del. Laws, c. 217, § 2;  84 Del. Laws, c. 343, § 2;  84 Del. Laws, c. 344, § 2; 

The Board has the duties, powers, and authority necessary for the enforcement of this chapter and the regulations adopted under this chapter. Regulations under this chapter must do at least all of the following:

(1) Establish annual membership fees.

(2) Establish standing committees.

(3) Determine the existence of a violation of the regulations by a member school, athlete, coach, administrator, official, or spectator and penalize a violation by official reprimand, placement on probation, fine, suspension, or other action as the Board deems appropriate.

(4) Investigate, conduct a hearing on, and take action on an alleged violation of a regulation under this chapter that a member school, athlete, coach, administrator, official, or spectator commits.

(5) Interpret regulations made under this chapter, and conduct hearings and take action on requests for a waiver of the regulations.

(6) Establish the fee for officiating a contest or competition.

73 Del. Laws, c. 374, §  3;  81 Del. Laws, c. 329, § 1;  83 Del. Laws, c. 518, § 4;  84 Del. Laws, c. 344, § 3; 

(a) The Board of Directors consists of 17 members, 15 of whom are voting members. The membership is composed as follows:

(1) The President of the Delaware Chief School Officers Association, of the Delaware Association of School Administrators, or the President’s designee.

(2) Three public school principals. Each of these members must represent a different county in this State, and each member must represent a member school.

(3) One nonpublic school head of school or the equivalent, who represents a member school.

(4) Four athletic directors. Three of the members must represent a different county, and 1 member must represent a nonpublic school.

(5) One of the following professionals, who is knowledgeable about sports medicine:

a. A physician.

b. A physician assistant.

c. An advanced practice registered nurse.

(6) One mental or behavioral health specialist who is employed by a member school.

(7) One athletic trainer.

(8) Three public members, 1 each appointed by the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Governor, and composed as follows:

a. One member may be a parent of a current or recent student athlete from a member school.

b. Each member must be a Delaware resident for at least 3 years.

c. Each member must be knowledgeable about athletics.

d. A member may not be an employee of a member school.

e. A member may not have a material financial interest in providing goods or services to the Association or a member school.

(9) The Director of Athletics, Community, and Campus Recreation of the University of Delaware, or the Director’s designee. This is a nonvoting member.

(10) The Director of Athletics of Delaware State University, or the Director’s designee. This is a nonvoting member.

(b) The Governor shall appoint, with the advice and consent of the Senate, each member except a member who serves by virtue of position or a member that the Speaker of the House of Representatives or President Pro Tempore of the Senate appoints under paragraph (a)(8) of this section. The Governor shall consider knowledge of athletics in general and interest in interscholastic athletics in deciding whom to appoint.

(c) (1) A member who is not appointed under this section by virtue of position serves a 3-year term and may not serve more than 3 terms or a total of 9 years. The terms may be consecutive or nonconsecutive. The Governor, Speaker of the House of Representatives, or President Pro Tempore of the Senate may appoint a member for a term of less than 3 years to ensure terms expire on a staggered basis.

(2) The member who is appointed under paragraph (a)(5) of this section has no limit to the number of years per term or number of terms that the member serves, except that the member serves at the Governor’s pleasure.

(d) A member serves until a replacement is appointed under the same process as the member’s appointment. A member appointed to fill a vacancy serves for the remainder of the term of the member whom that member replaces.

(e) [Repealed.]

(f) An act or vote by an individual appointed in violation of this section is invalid. An amendment or revision of this chapter is not sufficient cause for an appointment or attempted appointment in violation of this section unless the amendment or revision amends this section to permit the appointment or attempted appointment.

(g) A school district or nonpublic school may not have more than 1 member on the Board.

(h) (1) An appointing authority under this section may remove that appointing authority’s member for gross inefficiency, misfeasance, nonfeasance, malfeasance, or neglect of duty in office.

(2) An appointing authority may consider that appointing authority’s member who is in neglect of duty in office or ceases to meet a county representation or residency requirement to have resigned and may accept the member’s resignation.

a. A member is deemed in neglect of duty if the member is absent from 3 consecutive, regular board meetings or attends less than 50% of board meetings in a calendar year, unless a majority of the board excuses the member for good cause.

b. A member ceases to meet a residency requirement if the member is no longer a resident of the county in which the member resided when appointed to the Board and the residency was a requirement of the appointment.

(i) A member who may select a designee must select the designee only from that member’s organization, to serve in the member’s stead and at the member’s pleasure. The member must provide the designation to the chair in writing. A designee has the same duties and rights as the member the designee represents.

73 Del. Laws, c. 374, §  3;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 247, §§  1-9;  83 Del. Laws, c. 518, § 5;  84 Del. Laws, c. 472, § 2; 

(a) The number of board members who must be present in order to have a quorum and conduct business is the majority of appointed members. A vacancy on the Board is not counted to determine whether quorum is met.

(b) An affirmative vote of a majority of board members is required to approve an act of the Board. A vacancy on the Board is not counted for approval of an act of the Board.

73 Del. Laws, c. 374, §  3;  76 Del. Laws, c. 247, §  10;  83 Del. Laws, c. 518, § 6; 

(a) The Board shall elect annually from its members a chair, vice-chair, and, as the Board deems necessary, other officers. In the event of a vacancy in 1 of the officers, the Board shall elect a replacement at its next meeting or a meeting called for that purpose.

(b) The Board shall select for hire an Executive Director to work in collaboration with the Department. The Executive Director is an employee of the Department and receives compensation commensurate with the Department salary scale at the director level.

(c) The Department shall provide an administrative assistant or equivalent to staff the Association. The administrative assistant shall receive compensation commensurate with the Department salary scales and be evaluated according to Department policies and procedures. The Department shall provide other staff to the Association as provided in the budget.

(d) The Executive Director must become a bona fide resident of the State within 6 months following the Executive Director’s date of hire.

73 Del. Laws, c. 374, §  3;  83 Del. Laws, c. 518, § 7;  84 Del. Laws, c. 342, § 1; 

(a) The Board shall hold regularly scheduled meetings at least once per month and at other times as the chair deems necessary or at the request of a majority of the board members.

(b) The Board shall meet at a place within the State as it may determine. The place for each meeting must be determined prior to giving notice of the meeting.

(c) Notice of each board meeting must meet the requirements of Chapter 100 of Title 29.

(d) Each board meeting and hearing must be open to the public under Chapter 100 of Title 29.

(e) (1) Minutes of each board meeting must meet the requirements of Chapter 100 of Title 29 and the Association shall maintain copies at the offices of the Department.

(2) At a hearing in which evidence is presented, a record must be made from which a verbatim transcript can be prepared. The person requesting the transcript incurs the expense of preparing the transcript.

(f) [Repealed.]

73 Del. Laws, c. 374, §  3;  83 Del. Laws, c. 518, § 8; 

The Association is a unit of the Department. The Secretary shall promulgate regulations necessary to establish the Association as a unit of the Department.

73 Del. Laws, c. 374, §  3;  83 Del. Laws, c. 518, § 9; 

(a) The expenses of the Association are paid from the Interscholastic Athletic Fund, a special fund created to fund this chapter. An appropriation that the General Assembly makes to the Department for the Association must be allocated to this fund. This fund is interest bearing.

(b) The Association may receive state appropriations, federal moneys, membership dues, tournament revenues, fees, fines, official dues, merchandising and licensing revenue, interest, and event, professional development, and scholarship sponsorships.

(c) The Association may establish special fund accounts to track revenue. A special fund account must be interest bearing and may not subject to reversion. The Association is exempt from the state bid law.

(d) The Association may not operate an account outside of the state accounting system.

(e) The Interscholastic Athletic Fund or a special fund account under this section must be utilized to support the activities and operations of Delaware interscholastic athletics and may include the purchase of general liability insurance as it relates to the rental of non-state-owned venues for sponsored events, including tournaments.

(f) The expenditure of funds from the Interscholastic Athletic Fund must be in accordance with the Division of Accounting budget and accounting procedures.

73 Del. Laws, c. 374, §  3;  80 Del. Laws, c. 298, § 302;  83 Del. Laws, c. 518, § 10; 

The Board, in consultation and cooperation with the Department, shall submit an annual report to the Governor, the General Assembly, and the Director and the Librarian of the Division of Legislative Services on or before January 31 each year.

73 Del. Laws, c. 374, §  3;  83 Del. Laws, c. 518, § 11;  84 Del. Laws, c. 255, § 10; 

(a) The Board shall decide on each controversy involving a regulation under this chapter, including a waiver of the regulations promulgated under this chapter. The Board may not decide on a controversy involving a waiver under § 315 of this title, except as under § 316 of this title.

(b) The Board shall issue in writing its decision in a controversy involving a waiver of a regulation promulgated under this chapter within 20 days from the date of hearing.

(c) A party to a controversy may appeal the Board’s decision, except a decision under § 316 of this title, to the State Board by doing all of the following:

(1) Stating the party’s grievance in a petition.

(2) Ensuring that the petition is served on the Executive Director by certified or registered mail within 30 days after receiving notice of the decision.

(d) The State Board shall do all of the following;

(1) Rule on each appeal under this section.

(2) Provide through regulation adequate procedures for a hearing on an appeal under this section.

(3) Overturn the Board’s decision only if the State Board finds that the Board’s decision was not supported by substantial evidence or was arbitrary or capricious.

73 Del. Laws, c. 374, §  3;  81 Del. Laws, c. 72, § 1;  83 Del. Laws, c. 518, § 12;  84 Del. Laws, c. 343, § 3; 

(a) Immediate eligibility. —

(1) A student who transfers schools is immediately eligible to participate in an interscholastic athletic sport in which the student has not previously participated, upon enrollment at the student’s receiving school.

(2) A student who transfers schools is immediately eligible to participate in an interscholastic athletic sport in which the student has previously participated, upon enrollment at the student’s receiving school, if all of the following apply:

a. The student did not participate in the interscholastic athletic sport during the previous 180 school days.

b. The student is released from the student’s sending school.

c. The student has completed the enrollment process into the student’s receiving school.

d. The student is pursuing an approved course of study at the student’s receiving school.

e. The student meets all other Association eligibility requirements.

(3) A student who is placed with the Department of Children, Youth and their Families is immediately eligible to participate in an interscholastic athletic sport upon enrollment at the student’s receiving school.

(4) First transfer; immediate eligibility. —

A student who has participated in interscholastic athletics at the high school level during the previous 180 school days may transfer 1 time to an Association member school and be immediately eligible to participate in interscholastic athletics at the student’s receiving school, if both of the following criteria are met:

a. The student’s transfer is before the earliest allowable start date of the fall interscholastic athletic sport season of the student’s third year of eligibility at the high school level.

b. The student does not participate in a contest in the same interscholastic athletic sport for different schools during the same school year.

(b) Subsequent transfers; period of ineligibility. —

(1) A student is subject to a period of ineligibility of 30 days or ½ of the maximum number of contests, whichever is less, for each interscholastic athletic sport in which the student participated during the previous 180 school days, if either of the following apply:

a. The student has already transferred schools at least 1 time. A student under this paragraph is not eligible to participate in the interscholastic athletic sport’s post-season.

b. The student transfers after the earliest allowable start date of the fall interscholastic athletic sport season of the student’s third year of eligibility at the high school level.

(2) A period of ineligibility under this subsection begins on the receiving school’s first day of competition for the relevant interscholastic athletic sport.

(3) To calculate the maximum number of contests under paragraph (b)(1) of this section, the Association shall round down to the nearest whole number if the number of contests is not divided evenly.

(c) Applicability. —

Sections 313, 314, 315, and 316 of this title apply to all of the following:

(1) A student enrolled in grades 9 through 12.

(2) Each student at each level of participation in an interscholastic athletic sport, not only the varsity level.

(3) Each Association-sanctioned sport in which a student who transfers schools participated during the 180 school days preceding the transfer.

(d) Tracking form. —

The receiving school of a student seeking eligibility to participate in interscholastic athletics must submit to the student’s sending school a tracking form to initiate the eligibility process. The sending school shall complete the tracking form and submit the completed form to the receiving school and the Executive Director. The tracking form must indicate whether immediate eligibility applies or which, if any, of the exceptions under § 314 of this title apply.

84 Del. Laws, c. 343, § 4; 

(a) A period of ineligibility under § 313 of this title does not apply and a student is not required to seek a waiver of ineligibility if any of the following apply:

(1) McKinney-Vento Education for Homeless Children and Youth Act. —

The student’s transfer is the result of the student becoming homeless, as “homeless children and youths” is defined under the McKinney-Vento Education for Homeless Children and Youths Act, 42 U.S.C. § 11434a.

(2) Court action. —

The student’s transfer is the result of court action. “Court action” means an order from a court that affects a legally-committed student. A copy of the court order signed by a judge, commissioner, or master of a court of competent jurisdiction is required to meet this exception. A petition for the transfer of custody or guardianship, an affidavit, or a notarized statement signed by the affected parties is not sufficient to meet this exception.

(3) Caregivers School Authorization. —

The student’s transfer is under § 202(f) of this title.

(4) Unsafe School Choice Option Policy. —

The student’s transfer is based on the student attending a sending school that is a persistently dangerous school or the student is the victim of a violent felony while in or on the grounds of the sending school, and the student opts to transfer to safe school in the same school district under the Unsafe School Choice Option Policy under 14 DE Admin. Code 608.

(5) HIB transfer. —

The student’s transfer is because the student experienced harassment, intimidation, or bullying at the student’s sending school that resulted in the implementation of a process or policy under Chapter 41 of this title. This exception is established through documentation from the student’s sending school that the sending school investigated a complaint under Chapter 41 of this title and determined that the proper action to remediate the complaint is an alternative placement or school transfer. Neither the Board nor the Executive Director may hold a hearing or investigate whether the student was harassed, intimidated, or bullied.

(6) Change at sending school. —

The student’s sending school has closed or discontinued all of the school’s interscholastic athletics sports programs. To establish that the sending school discontinued all of the school’s interscholastic athletics sports programs, the student or sending school must submit to the receiving school and Executive Director documentation demonstrating that the sending school’s interscholastic athletics sports programs have been discontinued.

(7) Change in residence. —

The student’s transfer follows a change in the student’s primary residence, and the change in residence was made with the intent that it is permanent and not primarily for athletic purposes. A student is eligible if any of the following apply:

a. Military assignment. —

The student’s change in residence is directly related to an order from a branch of the United State military service, including a reserve component.

b. In-state change of residence. —

The student’s change in residence is due to the student’s family changing legal residence.

1. “Legal residence” means the family’s legal habitation is fixed and the student’s parent or guardian has the present intention to reside permanently at that habitation.

2. The family must have sold, rented, or disposed of the family’s previous residence, and no member of the family continues to reside in the previous residence.

3. The student may not maintain dual residency for the purpose of athletic eligibility.

4. A change in residence under this paragraph (a)(7)b. includes enrollment in a new school district or attendance zone. A student’s move within the student’s current school district does not apply if the student is not required to transfer schools.

5. Proof of the change in residence must be provided. Methods to prove a change in residence include a utility bill, closing documents, voter registration, or other legal documentation. A change in address on a drivers license, without more, is insufficient to prove a change in residence.

c. Out-of-state change in residence. —

The student changes residences from out-of-state and into this state, and is attending a high school in this state for the first time. Paragraphs (a)(7)b.1. through 5. of this section apply to meet this exception.

(b) A student or the student’s parent, guardian, or relative caretaker shall submit to the Executive Director the documentation required for the exception under this section that applies to the student.

(c) An exception under this section does not apply if the student transferred for athletic advantage.

84 Del. Laws, c. 343, § 5; 

(a) Waiver. —

The Executive Director shall waive ineligibility under § 313 of this title if the Executive Director determines that all of the following criteria have been established:

(1) Strict enforcement of ineligibility does not serve to accomplish the purpose of this chapter.

(2) The spirit of ineligibility under this chapter is not offended or compromised by waiving ineligibility.

(3) The principle of educational balance over athletics is not offended or compromised by waiving ineligibility.

(4) Waiving ineligibility does not result in a safety risk to a teammate or competitor.

(b) Written decision. —

The Executive Director shall issue in writing the Executive Director’s decision regarding a request to waive ineligibility under this chapter. The Executive Director must issue the written decision no later than 15 days after the application for a waiver is submitted. A notice of the right to appeal under § 316 of this title must be included in the written decision.

(c) Burden of proof. —

The student who has applied for a waiver under this section has the burden of proof in establishing that the criteria under subsection (a) of this section are met.

(d) Application requirements. —

An application for a waiver under this section must include all facts relevant to the request, including sufficient information for the Executive Director to reach a determination. If an application does not include all the required documentation under subsection (e) of this section, the Executive Director may request the missing documentation. If the student does not provide the missing documentation, the Executive Director may refuse to process the application or may accept the student’s reason for not providing the missing documentation.

(e) Documentation required. —

An application for a waiver under this section must include all of the following documentation:

(1) The student’s official transcripts from eighth grade through the current school year and most recent report card or grade report, if the student’s most recent grades are not included in the transcripts.

(2) The student’s attendance records for the previous 2 years.

(3) A letter from the principal or headmaster of the student’s sending school, either supporting or not supporting the waiver request.

(4) A letter from the student’s parent, guardian, or relative caregiver, explaining in detail the circumstances for requesting a waiver. If the student is 18 years or older, the student or the student’s parent, guardian, or relative caregiver may provide the letter.

(5) Documentation of withdrawal from the student’s sending school, if applicable.

(6) Documentation of acceptance into the student’s receiving school, such as an acceptance letter from the receiving school.

(7) School district choice enrollment program documents that show the date of withdrawal and the date of enrollment, if applicable.

(8) The school calendar for the student’s receiving school.

(9) The student’s medical records, if applicable.

(10) The student’s legal documentation, if applicable.

(11) The student’s individualized education plan, if applicable.

(12) Certification from the student’s sending school and receiving school that the student is transferring for the reasons indicated on the student’s application for a waiver, and that the student’s transfer is not motivated by an athletic advantage, except as under subsection (g) of this section. If the student is unable to obtain the certification from either school, the student may submit a written statement explaining why the student is unable to obtain the certification.

(f) Date of filing. —

An application for a waiver under this section must be filed at least 30 days prior to the start of the interscholastic athletic sport season in which the student wishes to participate.

(g) Transfer for athletic advantage. —

A student who transfers from the student’s sending school to receiving school for athletic advantage may apply for a waiver under this section.

84 Del. Laws, c. 343, § 6; 

(a) A party to a controversy may appeal the Executive Director’s decision under § 315 of this title to an appeals panel comprised of 3 Board members. The Board’s chair shall select the 3 members of the appeals panel on a per case basis.

(b) To request an appeal, a party to a controversy must do all of the following:

(1) State the party’s grievance in a petition.

(2) Ensure that the petition is served on the Executive Director by certified or registered mail within 15 days after receiving notice of the Executive Director’s decision.

(c) In considering an appeal, the appeals panel shall do all of the following:

(1) Review the documents that the Executive Director considered in making the decision on the waiver.

(2) Overturn the Executive Director’s decision only if the Board finds that the decision is not supported by substantial evidence or is arbitrary or capricious.

(3) Issue a decision affirming or overturning the Executive Director’s decision not later than 30 days after receiving a petition under subsection (b) of this section.

(d) The appeals panel may not do either of the following:

(1) Consider evidence or documents that were not part of the information that the Executive Director considered in making the Executive Director’s decision.

(2) Hold a hearing on the appeal or ask questions of the student who is the subject of the appeal.

84 Del. Laws, c. 343, § 7; 

The Executive Director shall develop or approve forms necessary to implement §§ 313, 314, 315, and 316 of this title. The Executive Director may develop or approve other forms as needed to implement this chapter.

84 Del. Laws, c. 343, § 8;