GEORGIA HIGH SCHOOL ASSOCIATIONCONSTITUTION AND BYLAWS
1.61 School service areas for member public schools are those attendance boundaries established by local boards of education from which a school normally draws its students. The school service area for a member private school is the county in which the private school is located. The school service area for a startup or converted charter school will be the same as the school from which the charter school draws its students.
1.62 A transfer student who has established eligibility at a former school in grades 9-12 shall be immediately eligible at the new school if:
(a) The student moved simultaneously with the entire parental unit or persons he/she resided with at the former school, and the student and parent(s) or persons residing with the student live in the service area of the new school This is known as a “bona fide move.”
(1) The student may choose the public or private school serving that area.
(2) It must be apparent that the parent(s) or the persons residing with the student and the student have relinquished the residence in the former service area and have occupied a residence in the new service area.
(3) Relinquishment of the former residence may be met by one of the following procedures: selling the residence; having the residence listed with a real estate agent for sale at a fair market value; having a contract with a buyer; having a lease agreement at a fair market value; or abandoning the house and shutting off unnecessary utilities. When a family claims multiple residences, the residence for which they apply for a homestead exemption will be declared the primary residence.
(4) The bona fide move is validated when the student’s family maintains the new residence for at least one calendar year. A return to the previous residence within that year renders the student to be a migrant student. All hardship appeal processes are available.
(b) The student was enrolled in a private school or a magnet school and has a bona fide move from one public school service area to another public school service area. A student in this situation may attend either the public school or a private school serving his area of residence.
(c) The student was enrolled in a non-member private school in Georgia or was boarded at a school out of state and, without a bona fide move, transferred to a GHSA-member school that serves his area of residence as long as:
(1) The student was enrolled at the high school serving his/her area of residence in grades 9-12 before attending the non-member school, OR
(2) The student has not yet established eligibility at grades 9-12 at a member school serving his area of residence, OR
(3) the student has previously established his attendance at a school other than the school serving his area of residence, and chooses to return to that school, AND
(4) it is the initial move of the student from a non-member school to a member school serving his area of residence.
(d) The student transfers from a non-member home school and the receiving school grants credit so that the student has accumulated sufficient Carnegie units. At the time such credit is given, the student must also have passed a minimum of five (5) courses the previous semester. The student becomes eligible when credit is awarded officially.
(e) The student is involved in a foreign exchange program that is approved and published on the “Advisory List of International Educational Travel and Exchange Programs” published by the Council on Standards for International Educational Travel (CSIET). This list is found on the GHSA web site.
(1) The student shall be considered eligible for a maximum period of one calendar year.
(2) The student shall not be a graduate of a secondary school in his home country.
(3) The student must maintain eligibility requirements at the member school.
(4) The foreign exchange program must assign students to schools by a method that insures that no student, school, or other interested party may influence the assignment for athletic purposes.
(f) If one of his/her parents or the custodial parent is a certified teacher or administrator teaching at the receiving school. This opportunity is available one time only at any given school.
(g) The student has one of the following family-related situations that produces a waiver of the bona fide move rule:
(1) There is a Superior Court or Juvenile Court awarded change of permanent custody and the student 20 GEORGIA HIGH SCHOOL ASSOCIATION moves to the residence of the parent receiving custody.
(a) The student must attend the member school serving that area of residence.
(b) A copy of the court order must accompany the eligibility forms.
(c) NOTE: Temporary guardianship papers issued by a Probate Court are not valid for eligibility.
(2) There is a Superior Court or Juvenile Court final order awarding permanent joint custody to the parents and the student moves to a residence of his or her parent outside the service area of the previous school.
(a) This waiver may be made one time during a calendar year.
(b) A copy of the court order must accompany the eligibility forms.
(3) There is a death of a custodial parent and the student moves to live with the other natural parent in a new school service area. NOTE: A copy of the death certificate shall be submitted with the eligibility papers.
(4) There is a military transfer of one or both custodial parents that creates a change of residence that is not a bona fide move. NOTE: A copy of the deployment order shall be submitted with the eligibility form.
(h) Students who are U.S. citizens returning from a foreign country shall be eligible as long as they meet all other requirements of eligibility.
(i) Students who are transferred from one school attendance area to another school attendance area by a mandate of the local board of education maintain their eligibility.
(j) Married students setting up a household (domicile) shall be eligible in the school of their residence provided they meet all other requirements of eligibility.
(k) Students at the Atlanta School for the Deaf will be eligible at the school serving their area of residence provided they meet all other eligibility requirements.
(l) The migratory rule (See 1.63) will be waived one time for students entering the following boarding schools: Ben Franklin Academy Rabun Gap School Riverside Military Academy AND Tallulah Falls School. Exception: Students from foreign countries not on an approved foreign exchange program are not eligible.
(m) Students entering a school as an “unaccompanied youth” under the conditions of the McKinney-Vento Act must go through the hardship appeal process to become eligible.
1.63 A “migrant student” is a student who transfers into a GHSA school without a bona fide move or without one of the exceptions listed in by-law 1.62. The student may practice or compete at the sub-varsity level, but may not compete at the varsity level for one calendar year from the date of his entry into the new school.
1.64 A student who is not eligible because of GHSA rules at the former school, and then transfers to a new school, cannot regain eligibility by the transfer. Ineligible students cannot gain eligibility by being adjudicated to YDC and subsequently returning to their resident school with earned credit.
1.65 Students whose transfers from member school to member school have been approved by the GHSA office after the end of regular season play or during post-season play are not eligible for participation in GHSA sponsored tournaments and/or playoffs in that particular sport for the school year of transfer.
1.66 A student who is not eligible at one school because of suspension or expulsion and then transfers to a member school cannot regain eligibility by such a transfer, for the length of the suspension or one calendar year, whichever is less.
1.67 A permissive transfer is defined as an allowance by a local board of education for students and/or their parents to choose a school to attend without regard to the location of residence.
(a) A student transferring from member school to member school on a permissive transfer is considered a migrant student.
(b) A student transferring to or from a school housing a system-wide, singular academic or vocation program or a magnet program on a permissive transfer is considered a migrant student.
(1) The offering of an individual course or series of courses by one school in a system does not provide inherent justification to grant GHSA eligibility.
(2) Special options offered by a school system that allow students to attend a school outside their area of residence do not provide inherent justification to grant GHSA eligibility.
(3) Any such permissive transfer issue may be brought before the GHSA Hardship Committee.
(c) Students transferring under the provisions of “No Child Left Behind” and the failure to make “Adequate Yearly Progress” must be processed through the normal Hardship Appeal procedures. Such students must demonstrate that they have been materially affected by the issue(s) that caused the former school to be placed on the “Need to Improve” list.
(d) When a military base is located in two school districts, a student moving onto the base for the first time may choose to attend either school district, and that district will place the student appropriately. Any transfer after the initial move will be subject to standard eligibility regulations.
1.68 Hardship Applications may be filed to attempt to establish eligibility in the following situations:
(a) A student who changes schools because of a temporary custody transfer from a parent to a guardian, or from one guardian to another (See Article IV, Section 5, in the GHSA Constitution).
(b) A student whose transfer is based upon his being emancipated, homeless, a child from a broken home, a ward of the DFACS, or a ward of a Court (See Article IV, Section 5, in the GHSA Constitution).
(c) In order for a hardship appeal based on a financial hardship to be approved, the new school must provide proof that the family attempted to address the financial problem at the previous school, and that the need based financial aid was non-existent or insufficient to resolve the problem. Increases in tuition or other costs at a private school do not create an automatic reason to grant the appeal, because such fee increases are considered foreseeable and not unavoidable. Documentation of the financial problem is required.
1.69 When a new school opens, student eligibility shall be determined as follows:
(a) When a school district mandates an attendance area for a new school for all grades enrolled at the new school, all students living within the mandated attendance area in those grades are immediately eligible. All students living outside the mandated attendance area who desire to attend the new school are considered migrant students and are ineligible for one year. Hardship appeals may be filed if conditions warrant.
(b) When a school district mandates some students to attend the new school, allows some students to stay at their present school, and permits some students to transfer to the new school, the school shall set a deadline for students living in the attendance area of the new school to decide whether they will move to the new school, or stay at the present school. The decisions exercised at the deadline date are binding. Subsequent changes render the student to be a migrant student with the one-year period of ineligibility. Students who are granted permissive transfers to enroll at the new school from other schools within the system are considered to be migrant students. Hardship appeals may be filed if conditions warrant.For more information, contact:
Atlanta Public Schools
Department of AthleticsGrady Stadium and Lakewood Stadium70 Claire DriveAtlanta, Georgia 30315
APS Director of Athletics
Grady Stadium (404) 802-5580
Lakewood Stadium (404) 802-5585(404) 892-8493 Fax