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53Illustrations for Section 3.040 of the By-lawsThe illustrations and situations it contains are for purposes of assisting in understanding the application of the particular by-law to which they pertain. In the case of any conflict, whether actual or believed, between the illustrations, examples or situations in this publication andthe constitution or by-laws of the IHSA, the constitution and by-laws shall control.109) Q. What evidence is required to affirm that a student and his/her parents have moved to a new school district and are living there full time?A. Documents requested by the Executive Director, including but not limited to some or all of the following: a lease or rental contract, closing documents, recorded title, affidavit of parent and student, documentation from theprincipals of the respective schools involved, telephone/utility and post office records, and such other evidenceas may be deemed necessary by the Executive Director in a particular situation to enable the Executive Director to verify the facts. Schools requesting an eligibility ruling that provide such documents and information shall be subject to penalty if the information provided is found to be false.110) Q. What evidence is required to affirm that a student and his/her parents are living within a 30 mile radius of the private school the student attends?A. The same documents as set forth in response above.111) Q. If a family (parents and children) moves from one school district to another school district after the official start date of an IHSA sports season, what factors will the Executive Director consider in applying By-law 3.042 and ruling on the eligibility of students who transfer in connection with such moves?A. Factors to be considered by the Executive Director will include but not be limited to the following: (1) Whether it is documented that the move was necessitated by an employment transfer.(2) Whether it is documented that the move was necessitated by a change in employment.(3) Whether it is documented that the move was necessitated by a change in family status.112) Q. If parents divorce or become legally separated after the start of classes for the school term and their child transfers to live in a different district with the parent who is granted custody, what factors will the Executive Director consider in ruling on the student’s eligibility?A. Factors to be considered by the Executive Director will include but not be limited to the following: (1) Certified court documentation of custody.(2) Copies of file stamped court documents pertaining to the divorce or legal separation.(3) Documentation of specific circumstances which necessitate the student’s transfer, particularly if the transfer occurs after the start of classes in a school term.(4) Concurrence of the transfer by the sending and receiving school principals. (5) Documents to show the residence of the student and the custodial parent.113) Q. If parents divorce or become legally separated with joint custody assigned by the court, and the student moves to live with one parent or the other in a different district and transfers to a member school in connection with this move, what factors will the Executive Director consider in applying By-law 3.040 and its sub-sections and ruling on the student’s eligibility?A. The same factors as stated above plus an acknowledgment that the student is eligible at only one school, and any move thereafter will create the need for a ruling from the Executive Director before the student can participate on a school team.114) Q. A student’s parents never married and no court custody has been established. What is the student’s eligibility regarding residence if the student:(a) Lives with the birth mother and attends school in the district where they live together full time? (b) Lives with the biological father and attends school in the district where they live together full time?A. In a, the student is eligible with regard to residence. In b, documentation that custody has been assigned by the court to the biological father must be provided to the Executive Director along with verification of the student’sresidence in the district with the father, and an eligibility ruling must be made.