S.B. 36

1

CHARTER AND ONLINE SCHOOLS -
2 PARTICIPATION IN EXTRACURRICULAR
3 ACTIVITIES
4 2008 GENERAL SESSION
5 STATE OF UTAH
6 Chief Sponsor: Mark B. Madsen
7 House Sponsor: ____________
8
9 LONG TITLE
10 Committee Note:
11 The Education Interim Committee recommended this bill.
12 General Description:
13 This bill addresses the eligibility of charter school students and students who participate
14 in online education programs to participate in extracurricular activities.
15 Highlighted Provisions:
16 This bill:
17 . provides that a charter school student is eligible to participate in extracurricular
18 activities not offered by the student's charter school at:
19 . the public school within whose boundaries the student's custodial parent or legal
20 guardian resides; or
21 . a public school that is open for the enrollment of nonresident students;
22 . provides that a student who participates in an online education program sponsored
23 or supported by a school district or charter school is eligible to participate in
24 extracurricular activities at:
25 . the public school within whose boundaries the student's custodial parent or legal
26 guardian resides; or
27 . a public school that is open for the enrollment of nonresident students; and

28 . allows a board of education of a school district to establish a fee for the
29 participation of a charter school student or online education student in an
30 extracurricular activity at a district school.
31 Monies Appropriated in this Bill:
32 None
33 Other Special Clauses:
34 None
35 Utah Code Sections Affected:
36 ENACTS:
37 53A-1a-519, Utah Code Annotated 1953
38 53A-2-214, Utah Code Annotated 1953
39
40 Be it enacted by the Legislature of the state of Utah:
41 Section 1. Section 53A-1a-519 is enacted to read:
42 53A-1a-519. Charter school students' participation in extracurricular activities at
43 other public schools.
44 (1) A charter school student is eligible to participate in extracurricular activities not
45 offered by the student's charter school at:
46 (a) the school within whose attendance boundaries the student's custodial parent or
47 legal guardian resides; or
48 (b) a school that is open for the enrollment of nonresident students under Section
49 53A-2-207 and rules of the State Board of Education.
50 (2) A school other than a school described in Subsection (1)(a) or (b) may allow a
51 charter school student to participate in extracurricular activities other than:
52 (a) interschool competitions of athletic teams sponsored and supported by a public
53 school; or
54 (b) interschool contests or competitions for music, drama, or forensic groups or teams
55 sponsored and supported by a public school.
56 (3) A charter school student is eligible for extracurricular activities at a public school
57 consistent with eligibility standards as applied to full-time students of the public school.
58 (4) A school district or public school may not impose additional requirements on a

59 charter school student to participate in extracurricular activities that are not imposed on
60 full-time students of the public school, except as provided in Subsection (5).
61 (5) (a) (i) A board of education for a school district may charge a fee to a charter school
62 for a charter school student's participation in an extracurricular activity at a district school.
63 (ii) The fee charged to a charter school is in addition to the fee charged to students
64 who participate in the extracurricular activity.
65 (b) A fee established under Subsection (5)(a) shall be calculated as follows:
66 (i) subtract from the cost of conducting the extracurricular activity at the district
67 school:
68 (A) capital facilities costs;
69 (B) student fees paid for participation in the extracurricular activity;
70 (C) gate receipts and other sales receipts attributed to the extracurricular activity; and
71 (D) private donations dedicated to the extracurricular activity; and
72 (ii) divide the remainder by the number of students enrolled in the district school.
73 (6) When selection to participate in an extracurricular activity at a public school is
74 made on a competitive basis, a charter school student is eligible to try out for and participate in
75 the activity as provided in this section.
76 Section 2. Section 53A-2-214 is enacted to read:
77 53A-2-214. Online students' participation in extracurricular activities.
78 (1) As used in this section:
79 (a) "Online education" means the use of information and communication technologies
80 to deliver educational opportunities to a student in a location other than a school.
81 (b) "Online student" means a student who:
82 (i) participates in an online education program sponsored or supported by the State
83 Board of Education, a school district, or charter school; and
84 (ii) generates funding for the school district or school pursuant to Subsection
85 53A-17a-103 (5) and rules of the State Board of Education.
86 (2) An online student is eligible to participate in extracurricular activities at:
87 (a) the school within whose attendance boundaries the student's custodial parent or
88 legal guardian resides; or
89 (b) a school that is open for the enrollment of nonresident students under Section

90 53A-2-207 and rules of the State Board of Education.
91 (3) A school other than a school described in Subsection (2)(a) or (b) may allow an
92 online student to participate in extracurricular activities other than:
93 (a) interschool competitions of athletic teams sponsored and supported by a public
94 school; or
95 (b) interschool contests or competitions for music, drama, or forensic groups or teams
96 sponsored and supported by a public school.
97 (4) An online student is eligible for extracurricular activities at a public school
98 consistent with eligibility standards as applied to full-time students of the public school.
99 (5) A school district or public school may not impose additional requirements on an
100 online student to participate in extracurricular activities that are not imposed on full-time
101 students of the public school, except as provided in Subsection (6).
102 (6) (a) (i) A board of education for a school district may charge a fee to a school
103 district or charter school that supports or sponsors a student's online education program for the
104 online student's participation in an extracurricular activity at a district school.
105 (ii) The fee charged to the school district or charter school is in addition to the fee
106 charged to students who participate in the extracurricular activity.
107 (b) A fee established under Subsection (6)(a) shall be calculated as follows:
108 (i) subtract from the cost of conducting the extracurricular activity at the district
109 school:
110 (A) capital facilities costs;
111 (B) student fees paid for participation in the extracurricular activity;
112 (C) gate receipts and other sales receipts attributed to the extracurricular activity; and
113 (D) private donations dedicated to the extracurricular activity; and
114 (ii) divide the remainder by the number of students enrolled in the district school.
115 (7) When selection to participate in an extracurricular activity at a public school is
116 made on a competitive basis, an online student is eligible to try out for and participate in the
117 activity as provided in this section.

Legislative Review Note
as of 11-16-07 9:58 AM

Office of Legislative Research and General Counsel