S.B. 66

1

PUBLIC SCHOOL EXTRACURRICULAR ACTIVITIES FOR
2 HOME SCHOOL AND PRIVATE SCHOOL STUDENTS
3 2010 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Mark B. Madsen
6 House Sponsor: Keith Grover
7 Cosponsors:
8 J. Stuart Adams
9 Curtis S. Bramble
10 D. Chris Buttars
11 Allen M. Christensen
12 Margaret DaytonScott K. Jenkins
Peter C. Knudson
Daniel R. Liljenquist
Wayne L. Niederhauser
Luz RoblesHoward A. Stephenson
Jerry W. Stevenson
John L. Valentine
Kevin T. Van Tassell
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;
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; and

29 . makes technical changes.
30 Monies Appropriated in this Bill:
31 None
32 Other Special Clauses:
33 None
34 Utah Code Sections Affected:
35 AMENDS:
36 53A-11-102.5, as last amended by Laws of Utah 2008, Chapter 382
37 ENACTS:
38 53A-11-102.6, Utah Code Annotated 1953
39
40 Be it enacted by the Legislature of the state of Utah:
41 Section 1. Section 53A-11-102.5 is amended to read:
42 53A-11-102.5. Dual enrollment.
43 (1) "District school" means a public school under the control of a local school board
44 elected pursuant to Title 20A, Chapter 14, Nomination and Election of State and Local School
45 Boards.
46 [(1)] (2) A person having control of a minor [under this part] who is enrolled in a
47 regularly established private school or a home school may also enroll the minor in a public
48 school for dual enrollment purposes.
49 [(2)] (3) The minor may participate in any academic activity in the public school
50 available to students in the minor's grade or age group, subject to compliance with the same
51 rules and requirements that apply to a full-time student's participation in the activity.
52 [(3) Except as otherwise provided in Sections 53A-11-101.5 and 53A-11-102 , a
53 student enrolled in a public school may also be enrolled in a private school or a home school
54 for dual enrollment purposes.]
55 (4) (a) A student enrolled in a dual enrollment program in a district school is
56 considered a student of the district in which the [public] district school of attendance is located
57 for purposes of state funding to the extent of the student's participation in the [public] district
58 school programs.
59 (b) A student enrolled in a dual enrollment program in a charter school is considered a

60 student of the charter school for purposes of state funding to the extent of the student's
61 participation in the charter school programs.
62 (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
63 State Board of Education shall make rules for purposes of dual enrollment to govern and
64 regulate the transferability of credits toward graduation that are earned in a private or home
65 school.
66 [(6) The State Board of Education shall determine the policies and procedures
67 necessary to permit students enrolled under Subsection (1) to participate in public school
68 extracurricular activities.]
69 Section 2. Section 53A-11-102.6 is enacted to read:
70 53A-11-102.6. Private school and home school students' participation in
71 extracurricular activities in a public school.
72 (1) As used in this section:
73 (a) "Academic eligibility requirements" means the academic eligibility requirements
74 that a home school student is required to meet to participate in an extracurricular activity in a
75 public school.
76 (b) "Basic skills competency test" means:
77 (i) the tenth grade basic skills competency test described in Section 53A-1-611 ; or
78 (ii) an assessment that is an alternative to the tenth grade basic skills competency test
79 which is:
80 (A) administered by a school district or charter school piloting an assessment system
81 described in Subsection 53A-1-603 (5); and
82 (B) approved by the State Board of Education.
83 (c) "Principal" means the principal of the school in which a home school student
84 participates or intends to participate in an extracurricular activity.
85 (2) (a) A minor who is enrolled in a private school or a home school shall be eligible to
86 participate in an extracurricular activity at a public school as provided in this section.
87 (b) A private school student may only participate in an extracurricular activity at a
88 public school that is not offered by the student's private school.
89 (c) Except as provided in Subsection (2)(d), a private school student or a home school
90 student may only participate in an extracurricular activity at:

91 (i) the school within whose attendance boundaries the student's custodial parent or
92 legal guardian resides; or
93 (ii) the school from which the student withdrew for the purpose of attending a private
94 or home school.
95 (d) A school other than a school described in Subsection (2)(c)(i) or (ii) may allow a
96 private school student or a home school student to participate in an extracurricular activity
97 other than:
98 (i) an interscholastic competition of athletic teams sponsored and supported by a public
99 school; or
100 (ii) an interscholastic contest or competition for music, drama, or forensic groups or
101 teams sponsored and supported by a public school.
102 (3) (a) Except as provided in Subsections (4) through (13), a private school or home
103 school student shall be eligible to participate in an extracurricular activity at a public school
104 consistent with eligibility standards applied to a fully enrolled public school student.
105 (b) A school district or public school may not impose additional requirements on a
106 private school or home school student to participate in an extracurricular activity that are not
107 imposed on a fully enrolled public school student.
108 (4) Eligibility requirements based on school attendance are not applicable to a home
109 school student.
110 (5) A home school student meets academic eligibility requirements to participate in an
111 extracurricular activity if:
112 (a) the student is mastering the material in each course or subject being taught; and
113 (b) the student is maintaining satisfactory progress towards achievement or promotion.
114 (6) (a) To establish a home school student's academic eligibility, a parent, teacher, or
115 organization providing instruction to the student shall submit an affidavit to the principal
116 indicating the student meets academic eligibility requirements.
117 (b) Upon submission of an affidavit pursuant to Subsection (6)(a), a home school
118 student shall:
119 (i) be considered to meet academic eligibility requirements; and
120 (ii) retain academic eligibility throughout the activity season and for all extracurricular
121 activities, until:

122 (A) a panel established under Subsection (10) determines the home school student does
123 not meet academic eligibility requirements; or
124 (B) the person who submitted the affidavit under Subsection (6)(a) provides written
125 notice to the school principal that the student no longer meets academic eligibility
126 requirements.
127 (7) (a) A home school student who loses academic eligibility pursuant to Subsection
128 (6)(b)(ii)(B) may not participate in an extracurricular activity until the person who submitted
129 the affidavit under Subsection (6)(a) provides written notice to the school principal that the
130 home school student has reestablished academic eligibility.
131 (b) If a home school student reestablishes academic eligibility pursuant to Subsection
132 (7)(a), the home school student may participate in extracurricular activities for the remainder of
133 the activity season for which an affidavit was submitted under Subsection (6)(a).
134 (8) A person who has probable cause to believe a home school student does not meet
135 academic eligibility requirements may submit an affidavit to the principal:
136 (a) asserting the home student does not meet academic eligibility requirements; and
137 (b) providing information indicating that the home school student does not meet the
138 academic eligibility requirements.
139 (9) (a) A principal shall review the affidavit submitted under Subsection (8), and if the
140 principal determines it contains information which constitutes probable cause to believe a
141 home school student may not meet academic eligibility requirements, the principal shall
142 request the student's parent or guardian to submit the student's test scores for a basic skills
143 competency test, if taken.
144 (b) If a home school student's test scores on a basic skills competency test meet the
145 requirement necessary for public school students to receive a basic high school diploma, as
146 provided in Subsection 53A-1-611 (2), the home school student shall be considered to be in
147 compliance with the academic eligibility requirements.
148 (c) If a home school student who is the subject of an affidavit submitted under
149 Subsection (8) has not taken or passed a basic skills competency test, the principal shall request
150 a panel established pursuant to Subsection (10) to verify the student's compliance with
151 academic eligibility requirements.
152 (10) A school district superintendent shall:

153 (a) appoint a panel of three to five individuals who have experience in home schooling
154 high school-age students to verify a home school student's compliance with academic eligibility
155 requirements when requested by a principal pursuant to Subsection (9); and
156 (b) select the panel members from nominees submitted by national, state, or regional
157 organizations whose members are home school students and parents.
158 (11) A panel appointed under Subsection (10):
159 (a) shall review the affidavit submitted under Subsection (8);
160 (b) may confer with the person who submitted the affidavit under Subsection (8);
161 (c) shall request the home school student to submit test scores or a portfolio of work
162 documenting the student's academic achievement to the panel;
163 (d) shall review the test scores or portfolio of work; and
164 (e) shall determine whether the home school student meets academic eligibility
165 requirements.
166 (12) A home school student who meets academic eligibility requirements pursuant to
167 Subsection (9) or (11), retains academic eligibility throughout the activity season and for all
168 extracurricular activities.
169 (13) (a) A panel's determination that a home school student does not comply with
170 academic eligibility requirements is effective for an activity season and all extracurricular
171 activities that have academic eligibility requirements.
172 (b) A home school student who is not in compliance with academic eligibility
173 requirements as determined by a panel appointed under Subsection (11) may seek to establish
174 academic eligibility under this section for the next activity season.
175 (14) A public school student who has been declared to be academically ineligible to
176 participate in an extracurricular activity and who subsequently enrolls in a home school shall
177 lose eligibility for participation in the extracurricular activity until the student:
178 (a) demonstrates academic eligibility by providing test results or a portfolio of the
179 student's work to the school principal, provided that a student may not reestablish academic
180 eligibility under this Subsection (14)(a) during the same activity season in which the student
181 was declared to be academically ineligible;
182 (b) returns to public school and reestablishes academic eligibility; or
183 (c) enrolls in a private school and establishes academic eligibility.

184 (15) When selection to participate in an extracurricular activity at a public school is
185 made on a competitive basis, a private school student and a home school student shall be
186 eligible to try out for and participate in the activity as provided in this section.




Legislative Review Note
as of 2-10-10 12:57 PM

Office of Legislative Research and General Counsel