H.B. 98

1

ELIGIBILITY FOR INTERSCHOLASTIC
2 ATHLETICS
3 2004 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Ann W. Hardy
6
7 LONG TITLE
8 General Description:
9 This bill provides residency eligibility requirements for participation in high school
10 interscholastic athletic activities.
11 Highlighted Provisions:
12 This bill:
13 . requires a high school student, beginning on January 1, 2005, to lose eligibility for
14 participation in interscholastic athletic activities for 12 months if the student attends
15 a high school outside of school boundaries; and
16 . provides exceptions for specified circumstances or exceptional circumstances.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 53A-2-208, as repealed and reenacted by Chapter 119, Laws of Utah 1993
24 ENACTS:
25 53A-2-214, Utah Code Annotated 1953
26
27 Be it enacted by the Legislature of the state of Utah:

28 Section 1. Section 53A-2-208 is amended to read:
29 53A-2-208. Rules for acceptance and rejection of applications.
30 (1) A local school board shall adopt rules governing acceptance and rejection of
31 applications required under Section 53A-2-207 .
32 (2) Standards may include:
33 (a) the capacity of the program, class, grade level, or school building;
34 (b) maintenance of heterogeneous student populations if necessary to avoid violation of
35 constitutional or statutory rights of students;
36 (c) not offering a program the student requires; and
37 (d) willingness of prospective students to comply with district policies.
38 (3) (a) Standards may not include previous academic achievement, athletic or other
39 extracurricular ability, the fact that the student requires special education services for which
40 space is available, proficiency in the English language, or previous disciplinary proceedings,
41 except as provided in Subsection (3)(b).
42 (b) A board may provide for the denial of applications from students who have
43 committed serious infractions of the law or school rules, including rules of the district in which
44 enrollment is sought, or have been guilty of chronic misbehavior which would, if it were to
45 continue after the student was admitted, endanger persons, or property, cause serious
46 disruptions in the school, or place unreasonable burdens on school staff.
47 (c) A board may also provide for provisional enrollment of students with prior
48 behavior problems, establishing conditions under which enrollment of a nonresident student
49 would be permitted or continued.
50 [(4) The State Board of Education, in consultation with the Utah High School
51 Activities Association, shall establish policies regarding nonresident student participation in
52 interscholastic competition.]
53 Section 2. Section 53A-2-214 is enacted to read:
54 53A-2-214. Residency requirements for interscholastic athletics.
55 (1) The State Board of Education, in consultation with the Utah High School Activities
56 Association, shall establish policies regarding nonresident student participation in
57 interscholastic competition.
58 (2) The policies under Subsection (1) shall provide, beginning on January 1, 2005, that

59 a student who attends a high school outside of that student's school boundaries shall lose
60 eligibility for participation in interscholastic athletic activities for 12 consecutive months
61 during the student's 10th, 11th, or 12th grade years unless the attendance:
62 (a) results from a change of residence as defined under Section 53A-2-201 ;
63 (b) is required by the local school board;
64 (c) is pursuant to a judicial order;
65 (d) occurs under a special group block permit established by one or more school
66 districts; or
67 (e) is granted an exception, based upon exceptional circumstances and undue hardship,
68 by the Utah High School Activities Association or its designated committee in accordance with
69 rules adopted by the State Board of Education.
70 (3) Unless covered by an exception under Subsections (2)(a) through (e), the loss of
71 eligibility under Subsection (2) shall apply even if the student obtains a boundary waiver before
72 the student enters high school or initially begins high school outside of that student's high
73 school boundary.




Legislative Review Note
as of 1-19-04 10:10 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel