H.B. 307

1

OVERSIGHT OF HIGH SCHOOL ACTIVITIES
2 ASSOCIATION
3 2004 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Duane E. Bourdeaux
6
7 LONG TITLE
8 General Description:
9 This bill modifies the State System of Public Education Code by requiring the State
10 Board of Education to make rules governing participation in interscholastic high school
11 activities and providing for board appeals of Utah High School Activities Association
12 decisions.
13 Highlighted Provisions:
14 This bill:
15 . requires the State Board of Education to make rules governing participation in
16 interscholastic high school activities;
17 . prohibits student recruiting for participation in interscholastic athletic activities;
18 . provides that an adverse decision from the Utah High School Activities Association
19 may be appealed to an appeals panel and the State Board of Education; and
20 . specifies certain procedures and standards of review for the hearings.
21 Monies Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 This bill takes effect on July 1, 2004.
25 Utah Code Sections Affected:
26 AMENDS:
27 53A-2-208, as repealed and reenacted by Chapter 119, Laws of Utah 1993

28 ENACTS:
29 53A-2-214, Utah Code Annotated 1953
30
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 53A-2-208 is amended to read:
33 53A-2-208. Rules for acceptance and rejection of applications.
34 (1) A local school board shall adopt rules governing acceptance and rejection of
35 applications required under Section 53A-2-207 .
36 (2) Standards may include:
37 (a) the capacity of the program, class, grade level, or school building;
38 (b) maintenance of heterogeneous student populations if necessary to avoid violation of
39 constitutional or statutory rights of students;
40 (c) not offering a program the student requires; and
41 (d) willingness of prospective students to comply with district policies.
42 (3) (a) Standards may not include previous academic achievement, athletic or other
43 extracurricular ability, the fact that the student requires special education services for which
44 space is available, proficiency in the English language, or previous disciplinary proceedings,
45 except as provided in Subsection (3)(b).
46 (b) A board may provide for the denial of applications from students who have
47 committed serious infractions of the law or school rules, including rules of the district in which
48 enrollment is sought, or have been guilty of chronic misbehavior which would, if it were to
49 continue after the student was admitted, endanger persons, or property, cause serious
50 disruptions in the school, or place unreasonable burdens on school staff.
51 (c) A board may also provide for provisional enrollment of students with prior
52 behavior problems, establishing conditions under which enrollment of a nonresident student
53 would be permitted or continued.
54 [(4) The State Board of Education, in consultation with the Utah High School
55 Activities Association, shall establish policies regarding nonresident student participation in
56 interscholastic competition.]
57 Section 2. Section 53A-2-214 is enacted to read:
58 53A-2-214. Residency requirements for interscholastic athletics -- Recruiting

59 prohibited -- Appeals.
60 (1) The State Board of Education, in accordance with Title 63, Chapter 46a, Utah
61 Administrative Rulemaking Act and after consultation with the Utah High School Activities
62 Association, shall establish rules regarding nonresident student participation in interscholastic
63 competition.
64 (2) The rules under Subsection (1) shall:
65 (a) provide clear transfer rules that are subject to open enrollment and school choice
66 principles;
67 (b) provide that a student may not lose eligibility for participation in interscholastic
68 athletic activities if:
69 (i) a student attends the high school within that student's high school boundaries, even
70 if that student has transferred back from another school; or
71 (ii) a student competes at any level other than varsity;
72 (c) prohibit the recruiting of students to transfer or to attend a school for the purpose of
73 participating in interscholastic athletic activities in a school outside that student's high school
74 boundaries, including sanctions for coach violations; and
75 (d) provide that an adverse decision from the Utah High School Activities Association
76 may be appealed to the board.
77 (3) (a) Each appeal to the board shall be filed within 30 days after the date the Utah
78 High School Activities Association issues a decision.
79 (b) The board shall appoint a panel of seven voting members to hear appeals as
80 follows:
81 (i) at least two panel members shall be parents of high school students;
82 (ii) in addition to the seven voting members, two high school students shall be
83 nonvoting panel members; and
84 (iii) each panel member shall be impartial and may not be affiliated with the Utah High
85 School Activities Association, including school administrators.
86 (c) The panel shall consider and decide each appeal filed as expeditiously as feasible.
87 (d) On appeal, the panel may:
88 (i) affirm the decision of the Utah High School Activities Association;
89 (ii) modify the decision of the Utah High School Activities Association;

90 (iii) return the case to the Utah High School Activities Association for further action as
91 directed; or
92 (iv) reverse the findings, conclusions, and decision of the Utah High School Activities
93 Association.
94 (e) The panel shall set aside the Utah High School Activities Association action if it is
95 found to be:
96 (i) unreasonable, unjust, arbitrary, capricious, or an abuse of discretion;
97 (ii) contrary to constitutional right, power, privilege, or immunity;
98 (iii) in excess of statutory jurisdiction, authority, or limitations;
99 (iv) not in compliance with procedure required by law, including rules, policies, and
100 bylaws;
101 (v) based upon a clearly erroneous interpretation or application of the law; or
102 (vi) unsupported by substantial evidence.
103 (4) An adverse decision of an appeals panel may be appealed to the full board.
104 Section 3. Effective date.
105 This bill takes effect on July 1, 2004.




Legislative Review Note
as of 2-5-04 3:24 PM

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

Office of Legislative Research and General Counsel