TITLE 14

Education

Free Public Schools

CHAPTER 3. Delaware Interscholastic Athletic Association

§ 301. Purpose and intent.

(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, §  383 Del. Laws, c. 518, § 1

§ 302. Definitions.

As used in this chapter:

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

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

(3) “Department” means the Delaware Department of Education.

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

(5) “Secretary” means the Secretary of the Delaware Department of Education.

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

73 Del. Laws, c. 374, §  383 Del. Laws, c. 518, § 2

§ 303. Regulations, policies, and procedures.

(a) The Board shall work in consultation and cooperation with the Department in the development of regulations relating to member school interscholastic athletics. The Board and the Department may develop necessary policies and procedures to implement this chapter.

(b) (1) The Board, in consultation and cooperation with the Department, shall develop regulations relating to secondary and middle school interscholastic athletics. 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.

e. Requirements for a student who participates in interscholastic athletics and nonschool competitions.

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 healthcare professional or medical clearance.

(4) Written clearance for return to play after a concussion must be from a licensed physician, such as a doctor of medicine or doctor of osteopathic medicine.

(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, §  370 Del. Laws, c. 186, §  178 Del. Laws, c. 192, §  179 Del. Laws, c. 419, §  183 Del. Laws, c. 518, § 3

§ 304. Other duties, powers, and authority.

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 the Department’s regulations made under this section, 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, §  381 Del. Laws, c. 329, § 183 Del. Laws, c. 518, § 4

§ 305. Board composition.

(a) The Board consists of 22 voting members as follows:

(1) Three school district superintendents or assistant superintendents. Each of these members must represent a school in a different county.

(2) Three representatives of school district boards of education. Each of these members must represent a school in a different county.

(3) Three public school principals or assistant principals. Each of these members must represent a school in a different county.

(4) Two public school athletic directors or coaches. Each of these members must represent a school in a different county.

(5) Three nonpublic school representatives, comprised as follows:

a. One representative must be a secondary school administrator.

b. One representative must be a secondary school athletic director or coach.

c. One representative must be a head of school or its equivalent.

(6) The Secretary or the Secretary’s designee.

(7) One physician licensed by the Delaware Board of Medical Practices and knowledgeable about sports medicine.

(8) Six public members, comprised as follows:

a. Each county must be represented by 2 members who reside in that county.

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

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

d. Each member must be knowledgeable about athletics.

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

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

(b) The Governor shall appoint each member under paragraphs (a)(1) through (a)(5), (a)(7) and (a)(8) of this section with the advice and consent of the Senate. The Governor shall consider knowledge of athletics in general and interest in interscholastic athletics in deciding whether to appoint a nominee.

(c) (1) A member appointed under paragraphs (a)(1) through (a)(5), and (a)(8) of this section 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.

(2) The member serving under paragraph (a)(7) 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) The Governor may remove a member for gross inefficiency, misfeasance, nonfeasance, or malfeasance in office.

(2) The Governor may consider a 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 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.

73 Del. Laws, c. 374, §  370 Del. Laws, c. 186, §  176 Del. Laws, c. 247, §§  1-983 Del. Laws, c. 518, § 5

§ 306. Quorum and voting.

(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, §  376 Del. Laws, c. 247, §  1083 Del. Laws, c. 518, § 6

§ 307. Chair; administration.

(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 education associate 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, §  383 Del. Laws, c. 518, § 7

§ 308. Meetings of the Board.

(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, §  383 Del. Laws, c. 518, § 8

§ 309. Secretary; powers and duties.

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

73 Del. Laws, c. 374, §  383 Del. Laws, c. 518, § 9

§ 310. The Interscholastic Athletic Fund: payment of expenses; deposits of receipt.

(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, §  380 Del. Laws, c. 298, § 30283 Del. Laws, c. 518, § 10

§ 311. Annual report.

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

73 Del. Laws, c. 374, §  383 Del. Laws, c. 518, § 11

§ 312. Board decision and appeal; State Board’s duties.

(a) The Board shall decide on each controversy involving a regulation under this chapter, including a waiver of the regulations promulgated under this chapter, or a waiver of the ineligibility under § 410(a) of this title.

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

(c) A party to a controversy may appeal the Board’s decision to the State Board by doing all of the following:

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

(2) Ensure that the petition is served on the Association’s 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, §  381 Del. Laws, c. 72, § 183 Del. Laws, c. 518, § 12