UIL Participation For Homeless Students Tuesday, February 23, :30 – 3:00 pm Patrick Lopez, Senior Program Coordinator, Texas Homeless Education Office (THEO) David Ray, McKinney-Vento/Homeless Education Consultant, Region 10 Education Service Center

Presentation Goals Understand the function and purpose of the University Interscholastic League (UIL) Understand the relationship between Texas public schools and the UIL Familiarity with the UIL rules that govern participation Familiarity with the UIL waiver process

The Benefits of Interscholastic Competition A substantial body of evidence suggests that students experience multiple benefits when they are able to participate in interscholastic competition. In addition to improved academic achievement, there can be social and psychological benefits that are particularly important for students in homeless situations, such as fostering stronger peer relationships and strengthening the connection to the school.

The Benefits of Interscholastic Competition As educators concerned about students living in homeless situations, we want these students to be able to participate in all school-related activities in which they are interested. Because UIL has more eligibility criteria and rules governing participation than other school-related activities, it is essential for homeless liaisons and others who work with homeless students to have a basic understanding of UIL eligibility requirements and processes.

The University Interscholastic League The UIL provides guidance and regulates educational extracurricular interschool academic, athletic, and music competitions for Texas primary and secondary public schools. It is the largest organization of its type in the world and was founded in 1910.

Interpretation of State Law Effective June 1, 1994, the Commissioner of Education delegated hearing authority over matters pertaining to the UIL to the UIL. UIL staff opinions should be requested on all state laws relating to UIL eligibility and state education rules and regulations as they apply to UIL activities.

Interpretation of State Law Only UIL staff can answer questions about UIL activities. Neither the Texas Education Agency or THEO can answer questions or resolve situations related to UIL activities.

UIL Contact Information The University Interscholastic League website: For questions regarding UIL activities, you may contact UIL staff: Policy: Dr. Jamey Harrison, Leo Barnes, J.D., & Dr. Kevin Jones; Compliance: Dr. Mark Cousins, Director of Compliance; Athletics: Dr. Susan Elza, Director of Athletics; Music: Dr. Bradley Kent, Diretor of Music; Academics: Dr. David Stevens, Director of Academics;

General Eligibility: Elementary, Middle, and Junior High School Eligibility for elementary, middle, and junior high school UIL contests is covered in Section 1400 of the UIL Constitution and Contest Rules.

General Eligibility: Elementary, Middle, and Junior High School (a) ELIGIBILITY REQUIREMENTS FOR SEVENTH AND EIGHTH GRADE PARTICIPANTS. (1) Student’s Eligibility. An individual may participate in League competition or contests as a representative of the participant school he/she attends if that student has been in attendance and has passed the number of courses required by state law and by rules of the State Board of Education, and is passing the number of courses required by state law and by rules of the State Board of Education… (b) ELIGIBILITY REQUIREMENTS FOR ELEMENTARY SCHOOL PARTICIPANTS. An individual may participate in League competition or contests as a representative of the participant school he/she attends if that student: (1) Has been in attendance and has passed the number of courses required by state law and by rules of the State Board of Education and is passing the courses required by state law and by rules of the State Board of -Education.

General Eligibility: High School Eligibility for all high school UIL contests is covered in Section 400 of the UIL Constitution and Contest Rules.

General Eligibility: High School According to UIL standards (Section 400), high school students are eligible to represent their school in interscholastic activities if they: have not graduated from high school, are full-time, day students in the school, and have been in regular attendance at the school since the 6th class day of the present school year, or have been in regular attendance for 15 or more calendar days before the contest or competition, are in compliance with state law and rules of the Commissioner of Education, (see TEA-UIL Side By Side) TEA-UIL Side By Side are enrolled in a four year, normal program of high school courses, and initially enrolled in the 9th grade not more than 4 years ago nor in the 10th grade not more than 3 years ago, were not recruited, are not in violation of the awards rule, and meet the specific eligibility requirements for academic, music and/or athletic competition.

Varsity Athletic Eligibility Eligibility to participate in varsity athletics is more stringent than the general eligibility covered in Section 400. There is an additional layer of eligibility requirements for varsity athletics. These additional requirements appear in Section 440 of the UIL Constitution and Contest Rules. Additionally, local district officials may impose stricter standards than those cited in rule or statute, but shall not impose more lenient standards

Varsity Athletic Eligibility Most of the difficulties that homeless students experience regarding UIL involve the eligibility requirements to participate in varsity athletics. There are rarely, if any, difficulties for homeless students regarding the other UIL competitions.

Varsity Athletic Eligibility In addition to the general eligibility requirements outlined previously, Section 440 of the UIL Constitution and Contest Rules specifies additional requirements for varsity athletics. A varsity athlete must: be less than 19 years old on September 1 preceding the contest or have been granted eligibility based on a disability that delayed their education by at least one year, live with their parents inside the school district attendance zone their first year of attendance (see your school administrator for exceptions), have not moved or changed schools for athletic purposes, have not violated the athletic amateur rule, and have been been eligible according to the fifteen day rule and the residence rule prior to district certification. Schools may adopt stricter standards for eligibility to participate in extracurricular activities.

The Waiver Process Students who do not meet these eligibility requirements can, in some situations, ask for a waiver from specific requirements. The waiver process is intended to give students who encounter hardships due to extenuating life changing circumstances the opportunity to participate in varsity sports.

The Waiver Process The waivers that are available are: Four-Year, Parent Residence, Foreign Exchange, Retroactive, Middle School Over-Age, and High School Over-Age.

The Waiver Process Often, homeless students will be ineligible for varsity athletics because of the parent residence requirements. For homeless students that want to participate in varsity athletics but do not meet these requirements, the first step is to contact the person in the district’s athletic department that is in charge of UIL compliance and to discuss the possibility of obtaining a waiver.

The Waiver Process The parent residence waiver is for a student who is determined to not be in compliance with the parent residence rule. A student who does not meet the residential requirements of 440(b) and 442 can apply for this waiver. The district’s UIL contact will be able to assist with the waiver process. In some cases, it can be resolved locally; in others, a parent residence waiver form must be submitted to the state UIL office. There is a $100 waiver filing fee; however, this fee can be waived for indigent students.

The Waiver Process Although the waiver process allows for the possibility that some requirements in some situations can be waived, there is no guarantee that a waiver request will be accepted. Each waiver request is evaluated on its own specific terms.

The Waiver Process There is an appeal process available for students who want to reverse a waiver determination ruling.

The McKinney-Vento Act The McKinney-Vento Act gives all homeless students the right to go to school, regardless of where they live or how long they have lived there. Information on the McKinney-Vento Act and homeless education can be found on the THEO website at:

The McKinney-Vento Act & Varsity Athletics In Texas, all children and youth between 6 and 19 are required to be in school. All school-aged homeless students have the right to enroll and attend school. An LEA cannot deny enrollment to a student that is homeless. However, the same cannot be said of varsity athletics--the McKinney-Vento Act does not establish a right to participate in varsity athletics.

The McKinney-Vento Act & Varsity Athletics Homeless status, by itself, should not preclude participation in varsity athletics. However, not excluding students because they are homeless is very different than asserting a right to participate in varsity athletics. There is nothing that establishes a right for any student to participate in varsity athletics.

Participation In Varsity Athletics Coaches weigh many factors when selecting students to participate on a varsity team. Students are evaluated on a multitude of variables. In many districts, there are more students interested in varsity athletics than there are openings on a team. There can be any number of reasons besides the eligibility requirements that a student is not selected for a varsity team.

The Challenge Homeless students can benefit tremendously from participating in UIL contests. We want to encourage homeless students to participate in all UIL activities they are interested in, including varsity athletics. If a homeless student does not meet the UIL eligibility requirements, it is important for them to know that there is a waiver process and to encourage them to pursue it.

The Challenge The challenge is that although there is a waiver process, not all waivers are granted. In addition, not everyone who tries out for varsity athletics is selected to participate. Although many homeless students interested in varsity athletics will get to participate, not all will. It is a good idea to consider possible next steps for homeless students not able to participate in UIL activities.

The Challenge Ideally, district staff will be able to work with homeless students who are not allowed to participate in varsity athletics or other UIL activities so that they might find a way to temper disappointment and even benefit the student. Below are some questions to consider when working with homeless students that are not able to participate in UIL activities: Is there a chance the student could try out again next year? What would need to happen? Could they try out this year for a different sport? Are there other ways the student can participate even if they they do not play on a team? Are there any other non-school-affiliated organizations that offer opportunities to participate in similar activities?

The Important Points 1.Homeless students should be encouraged to participate in UIL competitions, including varsity sports. 2.Many homeless students who want to participate in varsity sports will not meet UIL eligibility requirements. 3.There is a waiver process for students that do not meet these requirements. 4.Contact the person at the district in charge of UIL compliance in order to initiate the waiver process. 5.Be prepared to work with students who are denied waivers or who do not make the team to help them find other activities of interest and appropriate outlets for their energy and focus.

Information and Resources All information about UIL can be found on the UIL website at: The TEA-UIL Side-By-Side document, designed for school staff to understand UIL rules and requirements, can be found on the U(IL website at: Information about educating Texas children and youth experiencing homelessness can be found on the Texas Homeless Education Office (THEO) website at: