No Interscholastic Athletics Participation in Public Schools After a Felony Conviction

A new school year is upon us and students across North Carolina are back in classrooms and on athletic fields. The question of who is eligible to participate in interscholastic athletics in North Carolina’s public schools is answered by the student participation rules established by the North Carolina State Board of Education. Those rules include a ban on participation following a felony conviction. This post explains the rule, explores how it applies to various legal outcomes, and offers considerations for practitioners involved in cases in which a minor is being prosecuted in criminal court for a felony charge. The Rule Under the North Carolina Constitution, the State Board of Education is required to “make all needed rules and regulations in relation” to the supervision and administration of North Carolina’s public school system and the funds provided for its support. N.C. Const. art. IX §5. Rules regulating student participation in interscholastic athletics are among the rules enacted to fulfill this obligation. 16 NCAC 06E.0207. A range of requirements involving residency, enrollment, transfer, academics, age, biology, and medical examination are included. The last requirement relates to criminal history and is sometimes referred to as the felony ban. The requirement states A student shall not participate in interscholastic athletics after pleading guilty or "no contest" to, or being convicted of, a felony under the laws of North Carolina, the United States, or any other state. Prior to deeming the student ineligible, the relevant rule administrator shall obtain a certified copy of a criminal record [...]