W. Va. Code R. § 127-2-8 - Adoption/Guardianship

8.1. A student shall be eligible to participate in interscholastic athletics and activities only if:

(1) residing with one or both of the parents;

(2) residing with a testamentary guardian following the death of the parents; or

(3) residing in a location where the student was placed by the WVDHHR pursuant to §127-2-7.1.c.

8.2. The residence of a testamentary guardian shall constitute the residence of the ward when, and only when:

(1) the testamentary guardian has been duly appointed by the last will and testament of the student's last surviving parent;

(2) the testamentary guardian has duly qualified as such before the proper tribunal in West Virginia; and

(3) the student is actually residing in the household of the testamentary guardian at the time of the student's sport participation.

8.3. Notwithstanding any other provision of the WVSSAC rules and regulations, any student residing with a guardian/custodian other than a testamentary guardian may not compete for a school in any sport on the varsity level but may compete at the junior varsity level. If a student elects to participate at the junior varsity level pursuant to this rule, the student may not participate at the varsity level even after being enrolled at the school for 365 days. However, if a student elects to participate at the junior varsity level pursuant to this rule, and then commences to reside with a custodial parent, the student may participate at the varsity level notwithstanding the fact that the student had previously participated at the junior varsity level pursuant to this rule.

8.4. Notwithstanding any other provisions of WVSSAC rules and regulations, legal guardian/custodian may not be changed for athletic reasons. A transfer for athletic reasons is defined in §127-2-7.2.a.1-4.

Notes

W. Va. Code R. § 127-2-8