H.R. 11

1

ELIGIBILITY FOR INTERSCHOLASTIC
2 ATHLETICS RESOLUTION
3 2004 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Ann W. Hardy
6
7 LONG TITLE
8 General Description:
9 This resolution of the House of Representatives urges the Utah State Board of
10 Education to review and take action to resolve concerns regarding student transfers and
11 athletic eligibility.
12 Highlighted Provisions:
13 This resolution:
14 . urges the Utah State Board of Education to review, in consultation with the Utah
15 High School Activities Association, issues related to student transfers and athletic
16 eligibility and take action to resolve concerns regarding these processes; and
17 . urges that legislative action be taken in the 2005 General Session if these issues are
18 not resolved by the end of 2004.
19 Special Clauses:
20 None
21
22 Be it resolved by the House of Representatives of the state of Utah:
23 WHEREAS, Utah Code Subsection 53A-2-208 (4) states "The State Board of
24 Education, in consultation with the Utah High School Activities Association, shall establish
25 policies regarding nonresident student participation in interscholastic competition.";
26 WHEREAS, an audit published by the Office of the Legislative Auditor General in
27 June, 2003 indicated that there are inconsistencies between bylaws of the Utah High School

28 Activities Association and rules of the Utah State Office of Education regarding the transfer
29 and athletic eligibility of students;
30 WHEREAS, academics is the purpose of public education and athletic participation is a
31 privilege that should be conducted in a way that is beneficial to all who desire to participate;
32 WHEREAS, academics and not athletics should determine school choice;
33 WHEREAS, rules of the State Board of Education and bylaws of the Utah High School
34 Activities Association should prevent recruiting of all students at any age for the purpose of
35 playing sports at a particular high school and address the issues identified in the Legislative
36 Auditor General's audit;
37 WHEREAS, the rules and bylaws should treat equally all students who want to compete
38 athletically for a high school outside of their home boundary whether they make this decision
39 before or after beginning high school;
40 WHEREAS, the Utah State Board of Education has asked for additional time to review
41 the issue and take action;
42 WHEREAS, efforts to bring consistency to the rules of the Utah State Office of
43 Education and the bylaws of the Utah High School Activities Association should ensure that
44 they are also consistent with state law; and
45 WHEREAS, if action is not taken before the 2005 General Session, the Legislature
46 should strongly consider taking action to resolve the issues surrounding student transfers and
47 athletic eligibility:
48 NOW, THEREFORE, BE IT RESOLVED that the House of Representatives of the
49 state of Utah urges the Utah State Board of Education to review, in consultation with the Utah
50 High School Activities Association, the issues related to student transfers and athletic
51 eligibility and take action to resolve concerns regarding these processes.
52 BE IT FURTHER RESOLVED that the House of Representatives urges that, if these
53 issues are not resolved by the end of 2004, action be taken in the 2005 General Session.
54 BE IT FURTHER RESOLVED that a copy of this resolution be sent to the Utah State
55 Board of Education, the Utah State Office of Education, and the Utah High School Activities
56 Association.

Legislative Review Note
as of 2-11-04 2:00 PM

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

Office of Legislative Research and General Counsel