No Child Left Behind - AYP Transfers and Varsity Athletic Eligibility

NCLB provisions allow students who attend schools identified as in Title I School Improvement, for failing to meet Adequate Yearly Progress (AYP) for consecutive years, to transfer to a school that is not in Title I School Improvement.

Below, UIL provides information on the transfer provisions of NCLB and the criteria that will determine a student’s eligibility for varsity athletic participation at the new school subsequent to the transfer. Eligibility for UIL activities other than varsity  athletics should not be in question as the residence rule only applies to varsity athletic participation. Individuals participating in UIL activities, other than athletics, must comply with section 400 of the Constitution and Contest Rules.

Students and parents of athletes choosing to transfer under NCLB provisions should be aware of some specifics regarding to eligibility for varsity athletics:

1. First, the provisions of the Previous Athletic Participation Form will apply. The local District Executive Committee may rule a student, who is determined to have changed schools for athletic purposes, ineligible for participation.
2. Second, the provisions of the fifteen (15) day rule still apply for varsity participation.
3. Third, students who choose this transfer option and take their varsity athletic eligibility with them to the new school would be ineligible for varsity athletic participation should they subsequently choose to change to another school within that same ISD, even if they return to their home school (school of the residence of the parents).

Should questions arise surrounding the following interpretation of the transfer provisions of NCLB and eligibility criteria for UIL participation, please direct them to the UIL staff.

According to UIL interpretation of eligibility in reference to NCLB transfers:

• A student who transfers, from a campus identified as in Title I School Improvement for failing to meet Adequate Yearly Progress (AYP) under the No Child Left Behind Act (NCLB), to a new school, which is not in Title I School Improvement, may be eligible for varsity participation according to the UIL residence rule (Section 440 b) provided the student is in compliance with the following provisions:
  • The transfer is to another campus within the same school district and complies with the conditions cited in information from the Texas Education Agency (TEA), available from the school.  Campuses in School Improvement are required to notify parents in writing of that status.
  • The student transferred, at their first opportunity, from the School Improvement campus (Stage 1) to a campus within the same ISD that is not in school improvement. “First opportunity" is defined as within 30 days of the district first notifying parents in writing as required under NCLB.  Contact UIL for specific eligibility information if the school is listed as Stage 2 or higher as this could also effect the definition of “first opportunity.”
  • The Previous Athletic Participation Form (if necessary) is completed and the UIL District Executive Committee finds the student did not change schools for athletic purposes.
  • The student complies with the 15-day rule for varsity participation.
  • The student is in compliance with any local ISD transfer and admission policies.

School officials at the campus that is not in School Improvement shall inform students who are eligible for varsity athletics their first year after transferring from a School Improvement campus that, if they later elect to transfer to another school (even the home school), they will be ineligible for varsity athletic participation at the school to which they transfer for at least one calendar year. We recommend written notification to student and their parents on this issue.