Section 1 – Determining Residence for Public School Students
A. A full time student, whether an adult or not, is eligible for varsity interscholastic competition only at the school within whose attendance boundaries his/her parents reside, within a given school district, with these additional provisions:
1) Board of Education approved full-time student(s), paying their own tuition and residing full time with parents in their primary residence shall be afforded eligibility. (Transfer students are subject to provisions outlined in Section 3 of this article.)
2) The residence of a student's guardians shall determine eligibility in cases where both parents of a student are deceased. The execution of guardianship papers in situations where one or both parents are living does not by itself make a student eligible.
3) In the event of a divorce or legal separation, whether pending or final, a student's residence at the beginning of the school year shall determine eligibility except in situations involving transfer after the fourth consecutive semester following entry into Grade 9. For the purpose of this rule, attendance at one day of school and/or attendance at one athletic practice shall determine 'beginning of school year.' Under this rule, a student who transfers after the beginning of the school year shall be ineligible at the new school unless approval is granted by the Board of Control in accordance with the transfer and/or waiver provisions as described in Sections 3 and/or 5 of this Article.
4) A student whose tuition is paid by the school within whose attendance boundaries parents reside or by the state and is enrolled in a district approved program may be eligible at either school (first priority to school of residence) but (a) may not participate at both schools in the same year and (b) academic ineligibility accompanies student upon transfer. The Board of Control may waive the requirements of this Section, upon request, for documented reasons of extenuating
circumstances.
5) Except in situations involving transfer after a student's fourth consecutive semester, a student whose tuition is paid by the school within whose attendance boundaries parents reside or by the state or who is participating full time in a legislated open enrollment option must meet all statutory timeline requirements. This Section extends the opportunity to decline attendance at the new school and continue at his/her school of residence. If the student begins the school year at the new school and then transfers back to school of residence after attending one or more days of school or one or more athletic practices, he/she shall be subject to transfer provisions as outlined in Section 3 of this Article.
6) A student who has been in attendance in a school district for at least one complete school year prior to reaching Grade 9 and has not broken enrollment during that time is eligible in that school district upon entering Grade 9.
7) Duly enrolled full-time students in special state and county supported schools and in public and nonpublic member residential schools as defined in Article III of the WIAA Constitution are not bound by the residence requirements.
8) Students placed in foster homes, group homes, etc., by area social services agencies are considered the same as students residing with parents.
9) A student may continue being eligible in the same school even though parent(s) and/or student move from within that school's attendance boundaries, provided enrollment is continuous (unbroken in that school).
10) Except in situations involving transfer after a student's fourth consecutive semester, the Board of Education (School District) shall determine school assignment of a student in a district which maintains (a) more than one school of the same grades or (b) a special school so designated by the Board of Education (School District).
B. Except in situations involving transfer after a student's fourth consecutive semester, a full time student whose residence in a given district and attendance at a member school does not conform with any of the provisions outlined in Section 1-A above shall be eligible for nonvarsity competition only, for one calendar year, unless a waiver is provided as outlined in Section 5 of this Article.
Section 2 – Determining Residence for Nonpublic School Students
A. A full-time student, whether an adult or not, is eligible for varsity interscholastic competition only if the student is residing full time with parents in their primary residence with these additional provisions:
1) In the event of a divorce or legal separation, whether pending or final, a student's residence at the beginning of the school year shall determine eligibility except in situations involving transfer after the fourth consecutive semester following entry into Grade 9. For the purpose of this rule, attendance at one day of school and/or attendance at one athletic practice shall determine 'beginning of school year.' Under this rule, a student who transfers after the beginning of the school year shall be ineligible at the new school unless approval is granted by the Board of Control in accordance with the waiver provisions as described in Section 5 of this Article.
2) Residing full time with guardians shall determine eligibility in cases where both parents of a student are deceased. The execution of guardianship papers in situations where one or both parents are living does not by itself make a student eligible.
3) A student may continue being eligible in the same school even though parent(s) and/or student move from within that school's traditional attendance area, provided enrollment is continuous (unbroken in that school).
4) Students attending member residential schools shall be eligible at the member school provided they reside at the school or reside full time with parents in their primary residence, except in transfer situations occurring mid-year or after the fourth consecutive semester following entry into grade 9.
a. Note: Section 2-A.-1) above.
B. Except in situations involving transfer after a student's fourth consecutive semester, a full time student attending a nonpublic school but not residing in accordance with any of the provisions outlined in Section 2-A above shall be eligible for nonvarsity competition only, for one calendar year, unless a waiver is provided as outlined in Section 5 of this Article.
Residence Frequently Asked Questions
Primary Residence
Question: What is a valid primary residence?
Answer: Where the student and his/her immediate family reside when the student entered high school for the first time during high school eligibility. A valid residence is further defined as the location where the student's parent(s)/guardian(s)/caregiver(s) live with that student and thereby have the use and enjoyment of that location. A student may have only one valid residence at a time.
Question: We have moved, but would like to remain in the current school. Is our child still eligible?
Answer: Provided the enrollment is unbroken at the current school, the student would remain eligible. (#9)
Question: I'm 18 and have moved out of the house. Am I eligible?
Answer: You are eligible at the school where your parent(s) live and have had unbroken enrollment. If you transfer to another school, the transfer rule applies.
Section 5 – Waivers
A. The residence and transfer requirement may be waived according to the following provisions:
1. After a student has not participated and/or has been restricted to nonvarsity competition for one calendar year because parents do not live within that school's attendance boundaries, he/she becomes automatically eligible under this Section regardless of parents residence and for as long as enrollment is continuous (uninterrupted) in that school.
2. The residence and transfer requirement may be waived, if requested in advance, by a member school on behalf of one of its students and upon presentation of documentation detailing extenuating circumstances. Such documentation must include communications from (a) parents, (b) person(s) with whom student is living within requesting school's attendance boundaries and (c) school officials within whose attendance boundaries parents reside. Depending upon the nature of extenuating circumstances, eligibility may be limited to nonvarsity competition.
3. In cases associated with Section 1, A, (2) and (4), Section 2, A, (1) and Section 3, A, (1) of this Article, first-time 9th grade students will be permitted one transfer upon appropriate petition to the Board of Control if the student has attended no more than three days of practice and/or has attended no more than three days of school.
NOTE: Extenuating circumstance is defined as an unforeseeable, unavoidable and uncorrectable act, condition or event which results in severe burden and/or involuntary change, that mitigates the rule.
In considering a waiver request based on extenuating circumstances, the element of events outside a student or family's control vs. choices/decisions/actions which contain knowable/predictable outcomes or consequences, is always an integral part of the review. Denial is made when it appears this student's situation has come about largely as a result of choices, decisions and/or actions made by the student or his/her family.
Waiver Frequently Asked Questions
Total and Complete Change of Residence
Question: What is considered a valid change of primary residence?
Answer: A family makes a valid change of residence into a new school boundary when the student's immediate family relocates and takes with them the household goods and furniture appropriate to the circumstances. For eligibility purposes, the family unit may not maintain more than one valid residence which would create a secondary residence. Evidence of that a valid change of residence must be provided to the member school.
Question: What is a valid primary residence?
Answer: Where the student and his/her immediate family reside when the student entered high school for the first time during high school eligibility. A valid residence is further defined as the location where the student's parent(s)/guardian(s)/caregiver(s) live with that student and thereby have the use and enjoyment of that location. A student may have only one valid residence at a time.
Transfer Made Necessary
Question: What is meant by the phrase "the transfer is made necessary" in the transfer rule?
Answer: When looking for "the transfer is made necessary", we would want to know why this student NEEDED to leave A to go to school B. The answer to that question is a great place to begin in so far as trying to determine what was extenuating/making that transfer necessary. And, quite frankly, remains the overarching and an essential question.
Waiver Information
Question: Can you review my situation if I transfer, will I get a waiver?
Answer: We do not provide "waivers in advance." We are not able to speculate on prospects and possibilities. If and when the student would transfer and become a full-time student at the school, then you should schedule to meet with the school athletic director to discuss the circumstances of the transfer.
They can help to determine whether the circumstances meet the member's definition of extenuating circumstances – and whether they find the reasons compelling, thus making them willing to advocate for their new student.
Social & School Issues
Question: My child is having trouble making friends at her school of choice. She wants to transfer to a school where she has friends and the course offerings will be better for her. Will she be eligible?
Answer: It is reasonable to expect that there may be social adjustment problems or scholastic problems when a students chooses to attend a school of their choice or a school with a rigorous curriculum. Such circumstances do not satisfy the criteria for a waiver.
Question: I want my child to attend a different school because the scholastic program is better at the school. He also feels he will fit in better at that school. Will he be eligible at the varsity level?
Answer: Defining a better school scholastically or socially is subjective. Parent(s)/guardian(s)/caregivers are urged to research schools prior to enrollment. Transfers for these reasons do not meet the extenuating circumstances requirements.
Question: Can my child apply for a waiver if she has been subject to a disciplineary action?
Answer: Transfers as a result of disciplinary action or pending disciplinary action by a school do not meet the criteria for consideration.
Question: The school my child attends is not a safe environment and I want to transfer him to another school. Will this transfer limit his eligibility?
Answer: Any waiver request MUST be substantiated with documented evidence. In a claim of an unsafe school environment, there must be documented school reports of incidents involving the student that makes remaining on that campus a dangerous situation that is beyond the control of the student.
Discontinued Programs
Question: The school my child attends has discontinued a program which she participated. Can a waiver be granted if she transfers to a school that offers the same program?
Answer: When a transfer is made as a result of a school discontinuing a particular program in which the student had previously been enrolled or participated, a waiver is not granted.
Financial Considerations
Question: I can no longer afford to send my son to a private school. I want my son to return to the public school of attendance and compete at the varsity level. Is that allowed?
Answer: Under certain circumstances, a waiver of the transfer rule may be granted because of financial situations. However, there must be evidence of unforeseeable, unavoidable, and uncorrectable circumstance that necessitated the transfer. The family will need to provide evidence to show that a hardship has occurred. Evidence that the family attempted to address the situation with the private school and aid or assistance by the private school was insufficient to address the hardship. Increases in tuition or additional costs at the private school are considered foreseeable and, therefore, do not meet the criteria.
Transportation Considerations
Question: My child is enrolled in a school outside the public school attendance area. It is becoming more and more difficult to travel this distance. If we transfer, will he still be eligible?
Answer: Generally, no. Transportation problems are foreseeable, as are instances of difficulty because of weather or changes in car pools.
Question: The price of gas has gone up dramatically and limited our ability to transport our child to our school of choice. We are considering changing to a school closer to home. If we transfer, will she still be eligible?
Answer: Generally, no. The fluctuations in fuel prices, as with most transportation issues, are foreseeable and must be considered when making your initial choice of schools.
Divorce or Change of Guardianship
Question: We are divorced and my child wants to move to live with his father. Will he be eligible at his new school?
Answer: A student who has established residential eligibility with one parent would be ineligible if the student moved to live with the other parent at a different school. The student would remain eligible at the original school with the first parent.