First Substitute S.B. 223

Senator Mark B. Madsen proposes the following substitute bill:

1 SCHOOL TRANSFERS - PARTICIPATION
2 IN EXTRACURRICULAR ACTIVITIES
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 addresses transfer students' participation in extracurricular activities.
11 Highlighted Provisions:
12 This bill:
13 . prohibits discrimination against a student:
14 . applying for enrollment in a school that is not the student's school of residence;
15 and
16 . whose intent is to participate in varsity athletics;
17 . prohibits rejection of a student's application for enrollment in a school that is not the
18 student's school of residence solely upon the basis that the student intends to
19 participate in varsity athletics; and
20 . provides that a student who transfers to a public or private school does not lose
21 eligibility to participate in extracurricular activities for the reason that the student's
22 intent to participate in an extracurricular activity is a reason for the transfer.
23 Monies Appropriated in this Bill:
24 None
25 Other Special Clauses:

26 None
27 Utah Code Sections Affected:
28 AMENDS:
29 53A-2-208, as repealed and reenacted by Laws of Utah 1993, Chapter 119
30 ENACTS:
31 53A-15-1201, Utah Code Annotated 1953
32
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 53A-2-208 is amended to read:
35 53A-2-208. Rules for acceptance and rejection of applications.
36 (1) A local school board shall adopt rules governing acceptance and rejection of
37 applications required under Section 53A-2-207 .
38 (2) Standards for accepting or rejecting an application for enrollment may include:
39 (a) the capacity of the program, class, grade level, or school building;
40 (b) maintenance of heterogeneous student populations if necessary to avoid violation of
41 constitutional or statutory rights of students;
42 (c) not offering a program the student requires; and
43 (d) willingness of prospective students to comply with district policies.
44 (3) (a) Standards for accepting or rejecting an application for enrollment may not
45 include:
46 (i) previous academic achievement[,];
47 (ii) athletic or other extracurricular ability[,];
48 (iii) the fact that the student requires special education services for which space is
49 available[,];
50 (iv) proficiency in the English language[,]; or
51 (v) previous disciplinary proceedings, except as provided in Subsection (3)(b).
52 (b) A board may provide for the denial of applications from students who:
53 (i) have committed serious infractions of the law or school rules, including rules of the
54 district in which enrollment is sought[,]; or
55 (ii) have been guilty of chronic misbehavior which would, if it were to continue after
56 the student was admitted[,]:

57 (A) endanger persons[,] or property[,];
58 (B) cause serious disruptions in the school[,]; or
59 (C) place unreasonable burdens on school staff.
60 (c) A board may also provide for provisional enrollment of students with prior
61 behavior problems, establishing conditions under which enrollment of a nonresident student
62 would be permitted or continued.
63 (4) A board may not:
64 (a) discriminate against a student applying for enrollment whose intent is to participate
65 in varsity athletics; or
66 (b) reject an application for enrollment solely based upon a student's intent to
67 participate in varsity athletics.
68 [(4)] (5) The State Board of Education, in consultation with the Utah High School
69 Activities Association, shall establish policies regarding nonresident student participation in
70 interscholastic competition.
71 Section 2. Section 53A-15-1201 is enacted to read:
72 Part 12. Extracurricular Activities
73 53A-15-1201. School transfers -- Participation in extracurricular activities.
74 A student who transfers to a public or private school does not lose eligibility to
75 participate in extracurricular activities for the sole reason that the student's intent or interest in
76 participating in an extracurricular activity is a reason for the transfer.