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S.B. 61

             1     

HOME SCHOOL AND PRIVATE SCHOOL

             2     
STUDENTS' PARTICIPATION IN

             3     
EXTRACURRICULAR ACTIVITIES

             4     
2009 GENERAL SESSION

             5     
STATE OF UTAH

             6     
Chief Sponsor: Mark B. Madsen

             7     
House Sponsor: Carl Wimmer

             8      Cosponsors:
             9      Curtis S. Bramble
             10      D. Chris Buttars
             11      Allen M. Christensen
             12      Margaret DaytonDavid P. Hinkins
Scott K. Jenkins
Peter C. Knudson
Daniel R. Liljenquist
Wayne L. NiederhauserRalph Okerlund
Howard A. Stephenson
Stephen H. Urquhart
John L. Valentine
Michael G. Waddoups              13     
             14      LONG TITLE
             15      General Description:
             16          This bill addresses private school and home school students' eligibility to participate in
             17      extracurricular activities.
             18      Highlighted Provisions:
             19          This bill:
             20          .    provides that a minor who is enrolled in a private school or a home school shall be
             21      eligible to participate in extracurricular activities at a public school;
             22          .    provides that, with certain exceptions, a private school or a home school student
             23      may only participate in extracurricular activities at the public school within whose
             24      boundaries the student's custodial parent or legal guardian resides or a public school
             25      from which the student withdrew; and
             26          .    provides that, with certain exceptions, private school students and home school
             27      students shall be eligible for extracurricular activities at a public school consistent
             28      with eligibility standards for fully enrolled public school students.


             29      Monies Appropriated in this Bill:
             30          None
             31      Other Special Clauses:
             32          None
             33      Utah Code Sections Affected:
             34      AMENDS:
             35          53A-11-102.5, as last amended by Laws of Utah 2008, Chapter 382
             36     
             37      Be it enacted by the Legislature of the state of Utah:
             38          Section 1. Section 53A-11-102.5 is amended to read:
             39           53A-11-102.5. Dual enrollment.
             40          (1) "District school" means a public school under the control of a local board of
             41      education elected pursuant to Title 20A, Chapter 14, Nomination and Election of State and
             42      Local School Boards.
             43          [(1)] (2) A person having control of a minor under this part who is enrolled in a
             44      regularly established private school or a home school may also enroll the minor in a public
             45      school for dual enrollment purposes.
             46          [(2)] (3) The minor may participate in any academic activity in the public school
             47      available to students in the minor's grade or age group, subject to compliance with the same
             48      rules and requirements that apply to a full-time student's participation in the activity.
             49          [(3) Except as otherwise provided in Sections 53A-11-101.5 and 53A-11-102 , a
             50      student enrolled in a public school may also be enrolled in a private school or a home school
             51      for dual enrollment purposes.]
             52          (4) (a) A student enrolled in a dual enrollment program in a district school is
             53      considered a student of the district in which the [public] district school of attendance is located
             54      for purposes of state funding to the extent of the student's participation in the [public] district
             55      school programs.
             56          (b) A student enrolled in a dual enrollment program in a charter school is considered a
             57      student of the charter school for purposes of state funding to the extent of the student's
             58      participation in the charter school programs.
             59          (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the


             60      State Board of Education shall make rules for purposes of dual enrollment to govern and
             61      regulate the transferability of credits toward graduation that are earned in a private or home
             62      school.
             63          [(6) The State Board of Education shall determine the policies and procedures
             64      necessary to permit students enrolled under Subsection (1) to participate in public school
             65      extracurricular activities.]
             66          (6) (a) A minor who is enrolled in a private school or a home school shall be eligible to
             67      participate in extracurricular activities at a public school as provided in this Subsection (6).
             68          (b) A private school student may only participate in extracurricular activities at a public
             69      school that are not offered by the student's private school.
             70          (c) Except as provided in Subsection (6)(d), a private school student or a home school
             71      student may only participate in extracurricular activities at:
             72          (i) the school within whose attendance boundaries the student's custodial parent or
             73      legal guardian resides; or
             74          (ii) the school from which the student withdrew for the purpose of attending a private
             75      or home school.
             76          (d) A school other than a school described in Subsection (6)(c)(i) or (ii) may allow a
             77      private school student or a home school student to participate in extracurricular activities other
             78      than:
             79          (i) interschool competitions of athletic teams sponsored and supported by a public
             80      school; or
             81          (ii) interschool contests or competitions for music, drama, or forensic groups or teams
             82      sponsored and supported by a public school.
             83          (e) (i) Except as provided in Subsections (6)(f) through (h):
             84          (A) private school students and home school students shall be eligible for
             85      extracurricular activities at a public school consistent with eligibility standards as applied to
             86      fully enrolled public school students; and
             87          (B) a public school student who has been declared to be ineligible to participate in an
             88      extracurricular activity and who subsequently enrolls in a home school may not regain
             89      eligibility until the student resolves the reason for ineligibility and conforms to the eligibility
             90      standards applicable to fully enrolled public school students.


             91          (ii) A school district or public school may not impose additional requirements on
             92      private school students or home school students to participate in extracurricular activities that
             93      are not imposed on fully enrolled public school students.
             94          (f) Eligibility requirements based on school attendance are not applicable to home
             95      school students.
             96          (g) To demonstrate a home school student's compliance with scholastic eligibility
             97      requirements, the individual providing the primary instruction of a home school student shall
             98      submit an affidavit that indicates:
             99          (i) the student is mastering the material in each course or subject being taught; and
             100          (ii) the student is maintaining satisfactory progress towards advancement or promotion.
             101          (h) A public school student who has been declared to be academically ineligible to
             102      participate in an extracurricular activity and who subsequently enrolls in a home school shall
             103      lose eligibility for participation in the extracurricular activity until the student:
             104          (i) demonstrates academic eligibility by providing test results or a portfolio of the
             105      student's work;
             106          (ii) returns to public school and reestablishes academic eligibility; or
             107          (iii) enrolls in a private school and establishes academic eligibility.
             108          (i) When selection to participate in an extracurricular activity at a public school is
             109      made on a competitive basis, a private school student and a home school student shall be
             110      eligible to try out for and participate in the activity as provided in this Subsection (6).




Legislative Review Note
    as of 12-9-08 11:31 AM


Office of Legislative Research and General Counsel


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