Bill Summary – FastDemocracy

SB 759
                      Department of Legislative Services
                              Maryland General Assembly
                                    2021 Session
                           FISCAL AND POLICY NOTE
                                  First Reader
Senate Bill 759               (Senator Ready, et al.)
Education, Health, and Environmental Affairs
    State Department of Education - Interscholastic Athletics Eligibility Waiver -
                                Graduate Athletes
This bill requires the Maryland State Department of Education (MSDE) to waive the
following eligibility requirements for participation in interscholastic athletics at the high
school level for graduate athletes for the 2021-2022 school year only: (1) enrollment and
attendance at a Maryland Public Secondary Schools Athletic Association (MPSSAA)
member school; (2) academic progress requirements; (3) age restrictions; and (4) graduate
eligibility restrictions. A graduate athlete may participate in an interscholastic athletic
program only at the public high school from which the graduate athlete graduated and may
be enrolled at institution of higher education. The bill takes effect July 1, 2021, and
terminates June 30, 2022.
                                    Fiscal Summary
State Effect: None. MSDE waving the specified regulation in regards to the eligibility of
graduate athletes has no State fiscal impact.
Local Effect: Local school system finances are not materially affected; however, funding
and resources may be directed away from currently eligible students to graduate athletes.
Small Business Effect: None.
                                         Analysis
Bill Summary: “Graduate athlete” is defined as an individual who (1) was enrolled as a
grade 12 student in a public high school in the State during the 2020-2021 school year;
(2) graduated from the public high school in 2021; and (3) was eligible to participate in an
interscholastic sport at the high school level at a MPSSAA member school during the
2020-2021 school year.
Current Law: According to the Code of Maryland Regulations, local school systems may
adopt rules governing their athletic programs that are more restrictive than those of
MPSSAA. However, less restrictive rules may not be adopted.
COMAR 13A.06.03.02 – Eligibility for Interscholastic Athletics
According to regulations, to be eligible to participate in interscholastic athletics at the high
school level, a student must be officially registered and attending the member MPSSAA
school they are authorized to attend. A student may only represent only the school in which
they are registered and where the student is anticipated to complete graduation
requirements.
Each local school system must establish standards of participation which assure that
students involved in interscholastic athletics are making satisfactory progress toward
graduation.
Students who are 19 years old or older as of August 31 are ineligible to participate in
interscholastic athletics. Students in grades 9, 10, 11, and 12 may participate in interscholastic
athletic contests for a maximum of four seasons in any one sport.
Middle, intermediate, or junior high school students are not eligible to compete or practice
with high school teams. However, grade 9 public school students who reside in the
attendance area of a high school organized grades 10 to 12 may participate in the
interscholastic athletic program of that high school.
Students must maintain amateur status as defined in regulations. Students, while
participating on a school team, are permitted to participate on sports teams outside of
school during the high school sport’s season. However, unless prior written approval is
obtained, the participation may not conflict with school practice or contests. Students that
elect to participate on an outside team and do not participate and practice with the school
team throughout the designated sport’s season are ineligible to represent the school in all
contests that determine a county, district, regional, or State championship.
Students must present to their high school principal a certificate of permission to participate
signed by their parent or guardian. Students must be examined and certificated, as
specified, to the high school principal as being physically fit to participate in any try-out,
practice, or contest of a school team.
SB 759/ Page 2
Graduates of high schools are not eligible to practice with or participate in interscholastic
sports teams. However, they may participate in the remaining athletic contests of that
semester. Students are considered graduates when they have completed the work required
for graduation and are declared graduates by the local board of education.
Competition Regulations and Policies
In general, an MPSSAA school may only compete against other schools that have similar
eligibility policies. According to MPSSAA, similar policies are in place for Delaware,
Pennsylvania, Virginia, West Virginia, and Washington, DC.
                                Additional Information
Prior Introductions: None.
Designated Cross File: HB 817 (Delegate Shoemaker) - Ways and Means.
Information Source(s): Maryland State Department of Education; Maryland Higher
Education Commission; Morgan State University; University System of Maryland;
Baltimore City Public Schools; Montgomery County Public Schools; Department of
Legislative Services
Fiscal Note History:      First Reader - February 11, 2021
md/rhh
Analysis by: Caroline L. Boice                          Direct Inquiries to:
                                                        (410) 946-5510
                                                        (301) 970-5510
SB 759/ Page 3