S.B. 223

1

STANDARDS FOR ACCEPTANCE OF SCHOOL
2 TRANSFER APPLICATIONS
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Mark B. Madsen
6 House Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill modifies standards for accepting or rejecting a student's application to enroll in
11 a school that is not the student's school of residence.
12 Highlighted Provisions:
13 This bill:
14 . prohibits discrimination against a student:
15 . applying for enrollment in a school that is not the student's school of residence;
16 and
17 . whose intent is to participate in varsity athletics; and
18 . prohibits rejection of a student's application for enrollment in a school that is not the
19 student's school of residence solely upon the basis that the student intends to
20 participate in varsity athletics.
21 Monies Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 53A-2-208, as repealed and reenacted by Laws of Utah 1993, Chapter 119

28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 53A-2-208 is amended to read:
31 53A-2-208. Rules for acceptance and rejection of applications.
32 (1) A local school board shall adopt rules governing acceptance and rejection of
33 applications required under Section 53A-2-207 .
34 (2) Standards for accepting or rejecting an application for enrollment may include:
35 (a) the capacity of the program, class, grade level, or school building;
36 (b) maintenance of heterogeneous student populations if necessary to avoid violation of
37 constitutional or statutory rights of students;
38 (c) not offering a program the student requires; and
39 (d) willingness of prospective students to comply with district policies.
40 (3) (a) Standards for accepting or rejecting an application for enrollment may not
41 include:
42 (i) previous academic achievement[,];
43 (ii) athletic or other extracurricular ability[,];
44 (iii) the fact that the student requires special education services for which space is
45 available[,];
46 (iv) proficiency in the English language[,]; or
47 (v) previous disciplinary proceedings, except as provided in Subsection (3)(b).
48 (b) A board may provide for the denial of applications from students who:
49 (i) have committed serious infractions of the law or school rules, including rules of the
50 district in which enrollment is sought[,]; or
51 (ii) have been guilty of chronic misbehavior which would, if it were to continue after
52 the student was admitted[,]:
53 (A) endanger persons[,] or property[,];
54 (B) cause serious disruptions in the school[,]; or
55 (C) place unreasonable burdens on school staff.
56 (c) A board may also provide for provisional enrollment of students with prior
57 behavior problems, establishing conditions under which enrollment of a nonresident student
58 would be permitted or continued.

59 (4) A board may not:
60 (a) discriminate against a student applying for enrollment whose intent is to participate
61 in varsity athletics; or
62 (b) reject an application for enrollment solely based upon a student's intent to
63 participate in varsity athletics.
64 [(4)] (5) The State Board of Education, in consultation with the Utah High School
65 Activities Association, shall establish policies regarding nonresident student participation in
66 interscholastic competition.




Legislative Review Note
as of 1-29-08 11:58 AM

Office of Legislative Research and General Counsel