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Second Substitute S.B. 72

Representative Michael T. Morley proposes the following substitute bill:


             1     
HOME SCHOOL AND DUAL ENROLLMENT

             2     
AMENDMENTS

             3     
2006 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Chief Sponsor: Mark B. Madsen

             6     
House Sponsor: Michael T. Morley

             7     
             8      LONG TITLE
             9      General Description:
             10          This bill modifies procedures for exempting minors who are home schooled from
             11      attendance at a public or private school and provides that home school students shall be
             12      eligible to participate in extracurricular activities at a public school.
             13      Highlighted Provisions:
             14          This bill:
             15          .    provides that a minor shall be excused from attendance at a public or private school
             16      if the minor's parent files a statement signed by the parent with the local board of
             17      education stating that the minor will attend a home school;
             18          .    provides that a minor who is enrolled in a home school shall be eligible to
             19      participate in extracurricular activities at a public school;
             20          .    provides that, with certain exceptions, a home school student may only participate
             21      in extracurricular activities at the public school within whose boundaries the
             22      student's custodial parent or legal guardian resides or a public school within the
             23      student's school district of residence which is open for enrollment of nonresident
             24      students; and
             25          .    provides that home school students shall be eligible for extracurricular activities at a


             26      public school consistent with eligibility standards for fully enrolled public school students.
             27      Monies Appropriated in this Bill:
             28          None
             29      Other Special Clauses:
             30          None
             31      Utah Code Sections Affected:
             32      AMENDS:
             33          53A-11-102, as last amended by Chapter 253, Laws of Utah 2005
             34          53A-11-102.5, as last amended by Chapter 221, Laws of Utah 2003
             35     
             36      Be it enacted by the Legislature of the state of Utah:
             37          Section 1. Section 53A-11-102 is amended to read:
             38           53A-11-102. Minors exempt from school attendance.
             39          (1) (a) A school-age minor may be excused from attendance by the local board of
             40      education and a parent exempted from application of Subsections 53A-11-101 (2) and (3) for
             41      any of the following reasons:
             42          (i) a minor over age 16 may receive a partial release from school to enter employment
             43      if the minor has completed the eighth grade; or
             44          (ii) on an annual basis, a minor may receive a full release from attending a public,
             45      regularly established private, or part-time school or class if:
             46          (A) the minor has already completed the work required for graduation from high
             47      school, or has demonstrated mastery of required skills and competencies in accordance with
             48      Subsection 53A-15-102 (1);
             49          (B) the minor is in a physical or mental condition, certified by a competent physician if
             50      required by the district board, which renders attendance inexpedient and impracticable;
             51          (C) proper influences and adequate opportunities for education are provided in
             52      connection with the minor's employment; or
             53          (D) the district superintendent has determined that a minor over the age of 16 is unable
             54      to profit from attendance at school because of inability or a continuing negative attitude toward
             55      school regulations and discipline.
             56          (b) Minors receiving a partial release from school under Subsection (1)(a)(i) are


             57      required to attend:
             58          (i) school part-time as prescribed by the local school board; or
             59          (ii) a home school part-time.
             60          (c) In each case, evidence of reasons for granting an exemption under Subsection (1)
             61      must be sufficient to satisfy the local board.
             62          (2) (a) On an annual basis, a school-age minor shall be excused from attendance by a
             63      local board of education and a parent exempted from application of Subsections 53A-11-101 (2)
             64      and (3), if the minor's parent files a statement signed [affidavit] by the parent with the minor's
             65      school district of residence, as defined in Section 53A-2-201 , stating that the minor will attend
             66      a home school and receive instruction as required by Subsection (2)(b).
             67          (b) Each minor who attends a home school shall receive instruction:
             68          (i) in the subjects the State Board of Education requires to be taught in public schools
             69      in accordance with the law; and
             70          (ii) for the same length of time as minors are required by law to receive instruction in
             71      public schools, as provided by rules of the State Board of Education.
             72          (c) Subject to the requirements of Subsection (2)(b), a parent of a minor who attends a
             73      home school is solely responsible for:
             74          (i) the selection of instructional materials and textbooks;
             75          (ii) the time, place, and method of instruction, and
             76          (iii) the evaluation of the home school instruction.
             77          (d) A local school board may not:
             78          (i) require a parent of a minor who attends a home school to maintain records of
             79      instruction or attendance;
             80          (ii) require credentials for individuals providing home school instruction;
             81          (iii) inspect home school facilities; or
             82          (iv) require standardized or other testing of home school students.
             83          (3) Boards excusing minors from attendance as provided by Subsections (1) and (2)
             84      shall issue a certificate stating that the minor is excused from attendance during the time
             85      specified on the certificate.
             86          (4) Nothing in this section may be construed to prohibit or discourage voluntary
             87      cooperation, resource sharing, or testing opportunities between a school or school district and a


             88      parent or guardian of a minor attending a home school.
             89          Section 2. Section 53A-11-102.5 is amended to read:
             90           53A-11-102.5. Participation in public school programs -- Dual enrollment --
             91      Private or home school students -- Extracurricular activities.
             92          (1) A person having control of a minor under this part who is enrolled in a regularly
             93      established private school or a home school may also enroll the minor in a public school for
             94      dual enrollment purposes.
             95          (2) The minor may participate in any academic activity in the public school available to
             96      students in the minor's grade or age group, subject to compliance with the same rules and
             97      requirements that apply to a full-time student's participation in the activity.
             98          (3) Except as otherwise provided in Sections 53A-11-101 and 53A-11-102 , a student
             99      enrolled in a public school may also be enrolled in a private school or a home school for dual
             100      enrollment purposes.
             101          (4) A student enrolled in a dual enrollment program is considered a student of the
             102      district in which the public school of attendance is located for purposes of state funding to the
             103      extent of the student's participation in the public school programs.
             104          (5) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
             105      State Board of Education shall make rules for purposes of dual enrollment to govern and
             106      regulate the transferability of credits toward graduation that are earned in a private or home
             107      school.
             108          (6) The State Board of Education shall determine the policies and procedures necessary
             109      to permit private school students enrolled under Subsection (1) to participate in public school
             110      extracurricular activities.
             111          (7) (a) A minor who is enrolled in a home school shall be eligible to participate in
             112      extracurricular activities at a public school as provided in this Subsection (7).
             113          (b) Except as provided in Subsection (7)(c), a home school student may only
             114      participate in extracurricular activities at:
             115          (i) the public school within whose boundaries the student's custodial parent or legal
             116      guardian resides; or
             117          (ii) a public school:
             118          (A) within the home school student's school district of residence; and


             119          (B) that is open for enrollment of nonresident students pursuant to Section 53A-2-207
             120      or Section 53A-2-213 .
             121          (c) A school district may allow a home school student who does not reside within the
             122      district's boundaries to participate in extracurricular activities other than:
             123          (i) interschool competitions of athletic teams sponsored and supported by a public
             124      school; or
             125          (ii) interschool contests or competitions for music, drama, or forensic groups or teams
             126      sponsored and supported by a public school.
             127          (d) A school district or public school may not impose additional requirements on home
             128      school students to participate in extracurricular activities that are not imposed on fully enrolled
             129      public school students.
             130          (e) Eligibility requirements based on school attendance are not applicable to home
             131      school students.
             132          (f) When selection to participate in an extracurricular activity is made on a competitive
             133      basis, the home school student shall be eligible to try out for and participate in the activity as
             134      provided in this Subsection (7).
             135          (g) To demonstrate a home school student's compliance with scholastic eligibility
             136      requirements, the individual providing the primary instruction of a home school student shall
             137      submit a written statement that indicates:
             138          (i) the student is mastering the material in each course or subject being taught; and
             139          (ii) the student is maintaining satisfactory progress towards advancement or promotion.
             140          (h) Home school students shall be eligible for extracurricular activities at a public
             141      school consistent with other eligibility standards as applied to fully enrolled public school
             142      students not exempted in Subsection (7)(e) or (g).
             143          (i) A public school student who has been declared to be academically ineligible to
             144      participate in an extracurricular activity and who subsequently enrolls in a home school shall
             145      lose eligibility for participation in the extracurricular activity until the commencement of the
             146      next season or cycle of the extracurricular activity for which the student was academically
             147      ineligible.


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