22 APPENDIX XI – MHSAA POTENTIAL AGE WAIVER DUE TO DISABILITY COMPLETE HANDBOOK WORDING SECTION 2 (B) —The Executive Committee may consider an exception to the maximum age limitation for up to one year only (student not to exceed age 20 prior to Sept. 1) for students (1) who, following medical documentation sufficient to establish that they had a disability as defined by the Americans With Disabilities Act and/or the Persons With Disabilities Civil Rights Act, were delayed in their education progress prior to their initial enrollment in the 9th grade in any school solely by reason of such disability; and (2) who at the time of the request for waiver are determined by the Executive Committee (a) to not present a significant risk of injury to themselves, teammates or opponents, and (b) to not create a competitive advantage in comparison to teammates and opponents. The burden of proof regarding these factors rests with the party seeking the waiver; the Executive Committee has no duty to conduct an independent inquiry. If the Executive Committee determines in its sole discretion that it is impossible to make a determination about a particular student’s competitive advantage or physical risk, it is not required to consider the request any further. Waiver may be approved in the Executive Committee’s sole discretion only for students who are documented by qualified medical professionals to have a disability which at the time of the request for waiver limits both physical and either intellectual or emotional capabilities. The disability must have a direct and significant negative impact on the student’s physical athletic ability. Policies and procedures for submission and review of waiver requests shall be determined by the Executive Committee. The Executive Committee may develop a list of disabilities recognized by the medical community to severely diminish both physical and either intellectual or emotional capacity that may qualify for review. If the Executive Committee chooses to develop such a list, each individual for whom waiver is approved must be determined by the Executive Committee to meet all criteria for waiver; no approval is automatic.