TO:	MHSA MEMBER SCHOOLS

FROM:	MARK BECKMAN, EXECUTIVE DIRECTOR

RE:	AGE RULE APPEAL

To file an Age Rule Appeal, the following procedures need to be followed specifically when submitting the form.

When addressing Items 1-4 on the form please refer to the numbered items in your explanation as to how the student meets each criterion. Appropriate statistical information for each item is essential in the decision making process. Please be specific.

ITEM 1:	Explain how you determined whether the student is a safety risk to other players. Document his/her size, and explain how his/her size relates to your own players and to opponents’ players.

ITEM 2:	Be definitive as to the training the student has in the sport, what his/her position is and how many years experience the student has. Letters from other schools in your conference and/or your other competitors who have knowledge of this student and who can specifically state that the student will not skew overall competitiveness should be included with the appeal form.

ITEM 3:	Explain in detail how this student will not exclude another eligible player. Include whether he/she will be a starter and whether any participants will play behind him/her. If competing in an individual sport, explain how he/she will not affect or replace another participant.

ITEM 4:	Using your own records, please indicate that the student meets all other MHSA eligibility rules, i.e. transfer, number of semesters, academics.

Please review the time-line mandated in the last paragraph of the rule, which appears on the request form.

If you need assistance in completing the Age Rule Appeal form, please contact the MHSA office.

/jpa

PETITION FOR WAIVER
of the
AGE RULE

This form is to be used when requesting an exception to the Age Rule. The MHSA Handbook, By-Laws, Article II, state the following:

Section (7)	AGE RULE

B.	A student who is ineligible by reason of this age rule may seek a waiver from the MHSA under the following conditions and procedures.

The student, his/her school, parent/guardian or other representative shall submit a written application for a waiver. For fall sports, the application shall be submitted by March 15th of the preceding school year so that, if necessary, the request can be considered by the Executive Board prior to summer recess. For all other sports seasons, the application shall be submitted at least 60 days prior to the first activity for which he/she seeks the waiver.

It will be the burden of the student to prove:

1.	the student does not create a safety risk to other players, and

2.	the student does not skew the overall competitiveness of the particular activity(ies) for which the student will participate, and

3.	the student’s participation will not result in the exclusion of other eligible players, and

4.	the student meets all other criteria necessary for participation in MHSA activities.

The Executive Director is vested with the authority and responsibility to make the initial wavier determination. In making the initial determination, the Executive Director shall consider such evidence as is provided by the applicant; and the Executive Director may request the applicant to provide specific information or additional information; and the Executive Director or staff may make an independent investigation of the facts. The Executive Director shall then make a determination as to each activity for which a waiver is sought and notify the applicant.

Upon initial receipt of the waiver application, the request shall be scheduled for hearing before the Executive Board at the next scheduled meeting. It shall be scheduled neither sooner than 30 days nor more than 60 days from the day the application is received. If the Executive Director thereafter grants a waiver, the scheduled hearing will be vacated. If the Executive Director refuses to grant the requested waiver, then the student will be so notified and can proceed to present his waiver request to the Board. At the hearing, the Board will consider all documentary evidence previously considered by the Executive Director together with any additional evidence submitted.

Name of School Submitting Request:
Name of Student:
Student’s Date of Birth:	Student’s Grade Level in Current Year:
Current School Year:	Date Student Enrolled in This School:
Eligibility requested beginning with which semester: First Second
School Year for which eligibility is requested:

Check sports in which student requests to participate:

Basketball	Golf	Swimming	Volleyball

Cross Country	Soccer	Tennis	Wrestling

Football	Softball	Track & Field

** REVERSE SIDE MUST BE COMPLETED **

GENERAL STATEMENT OF FACT

By attaching addition sheets or by using the space below, state a brief history of the student’s school background, including present status. Make sure all criteria are addressed in clear, concise and exact detail.

Signature of Parent: _________________________________________________	Date: ________________________

Signature of Administrator: ___________________________________________	Date: ________________________

Phone number for Administrator: ______________________________________

This original must be sent to:

Montana High School Association
1 South Dakota Avenue
Helena, MT 59601
Phone: 406-442-6010
Fax: 406-442-8250

2009-10-13

MHSADT02