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S.B. 81

             1     

HOME SCHOOL AND EXTRACURRICULAR

             2     
ACTIVITY AMENDMENTS

             3     
2007 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Chief Sponsor: Mark B. Madsen

             6     
House Sponsor: ____________

             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 addresses charter school, private school,
             12      and home school students' eligibility to participate in extracurricular activities.
             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 signed notice with the local board of education stating
             17      that the minor will attend a home school;
             18          .    provides that any rule, bylaw, or policy that denies eligibility to participate in
             19      interschool contests or competitions based on a student's transferring from one high
             20      school to another does not apply to a student transferring to a charter school in the
             21      first three years of the charter school's existence;
             22          .    provides that a minor who is enrolled in a private school or a home school shall be
             23      eligible to participate in extracurricular activities at a public school;
             24          .    provides that, with certain exceptions, a private school or a home school student
             25      may only participate in extracurricular activities at the public school within whose
             26      boundaries the student's custodial parent or legal guardian resides or a public school
             27      within the student's school district of residence that is open for enrollment of



             28      nonresident students; and
             29          .    provides that, with certain exceptions, private school students and home school
             30      students shall be eligible for extracurricular activities at a public school consistent
             31      with eligibility standards for fully enrolled public school students.
             32      Monies Appropriated in this Bill:
             33          None
             34      Other Special Clauses:
             35          None
             36      Utah Code Sections Affected:
             37      AMENDS:
             38          53A-11-102, as last amended by Chapter 253, Laws of Utah 2005
             39          53A-11-102.5, as last amended by Chapter 221, Laws of Utah 2003
             40      ENACTS:
             41          53A-1a-511.5, Utah Code Annotated 1953
             42     
             43      Be it enacted by the Legislature of the state of Utah:
             44          Section 1. Section 53A-1a-511.5 is enacted to read:
             45          53A-1a-511.5. Eligibility for participating in interschool contests or competitions.
             46          Any rule, bylaw, or policy governing students' eligibility to participate in interschool
             47      contests or competitions that denies eligibility to participate in interschool contests or
             48      competitions based on a student's transferring from one high school to another does not apply
             49      to students transferring to a charter school in the first three years of the charter school's
             50      existence. A student who transfers to a charter school in the first three years of the charter
             51      school's existence shall remain eligible for participation in interschool contests or competitions
             52      if the student meets all other eligibility criteria.
             53          Section 2. Section 53A-11-102 is amended to read:
             54           53A-11-102. Minors exempt from school attendance.
             55          (1) (a) A school-age minor may be excused from attendance by the local board of
             56      education and a parent exempted from application of Subsections 53A-11-101 (2) and (3) for
             57      any of the following reasons:
             58          (i) a minor over age 16 may receive a partial release from school to enter employment


             59      if the minor has completed the eighth grade; or
             60          (ii) on an annual basis, a minor may receive a full release from attending a public,
             61      regularly established private, or part-time school or class if:
             62          (A) the minor has already completed the work required for graduation from high
             63      school, or has demonstrated mastery of required skills and competencies in accordance with
             64      Subsection 53A-15-102 (1);
             65          (B) the minor is in a physical or mental condition, certified by a competent physician if
             66      required by the district board, which renders attendance inexpedient and impracticable;
             67          (C) proper influences and adequate opportunities for education are provided in
             68      connection with the minor's employment; or
             69          (D) the district superintendent has determined that a minor over the age of 16 is unable
             70      to profit from attendance at school because of inability or a continuing negative attitude toward
             71      school regulations and discipline.
             72          (b) Minors receiving a partial release from school under Subsection (1)(a)(i) are
             73      required to attend:
             74          (i) school part-time as prescribed by the local school board; or
             75          (ii) a home school part-time.
             76          (c) In each case, evidence of reasons for granting an exemption under Subsection (1)
             77      must be sufficient to satisfy the local board.
             78          (2) (a) On an annual basis, a school-age minor shall be excused from attendance by a
             79      local board of education and a parent exempted from application of Subsections 53A-11-101 (2)
             80      and (3), if the minor's parent files a signed [affidavit] notice with the minor's school district of
             81      residence, as defined in Section 53A-2-201 , stating that the minor will attend a home school
             82      and receive instruction as required by Subsection (2)(b).
             83          (b) Each minor who attends a home school shall receive instruction:
             84          (i) in the subjects the State Board of Education requires to be taught in public schools
             85      in accordance with the law; and
             86          (ii) for the same length of time as minors are required by law to receive instruction in
             87      public schools, as provided by rules of the State Board of Education.
             88          (c) Subject to the requirements of Subsection (2)(b), a parent of a minor who attends a
             89      home school is solely responsible for:


             90          (i) the selection of instructional materials and textbooks;
             91          (ii) the time, place, and method of instruction, and
             92          (iii) the evaluation of the home school instruction.
             93          (d) A local school board may not:
             94          (i) require a parent of a minor who attends a home school to maintain records of
             95      instruction or attendance;
             96          (ii) require credentials for individuals providing home school instruction;
             97          (iii) inspect home school facilities; or
             98          (iv) require standardized or other testing of home school students.
             99          (3) (a) Boards excusing minors from attendance as provided by Subsections (1) and (2)
             100      shall issue a certificate stating that the minor is excused from attendance during the time
             101      specified on the certificate.
             102          (b) A local school board shall issue a certificate excusing a minor from attendance
             103      within 30 days after receipt of a notice filed by the minor's parent pursuant to Subsection (2).
             104          (4) Nothing in this section may be construed to prohibit or discourage voluntary
             105      cooperation, resource sharing, or testing opportunities between a school or school district and a
             106      parent or guardian of a minor attending a home school.
             107          Section 3. Section 53A-11-102.5 is amended to read:
             108           53A-11-102.5. Dual enrollment.
             109          (1) A person having control of a minor under this part who is enrolled in a regularly
             110      established private school or a home school may also enroll the minor in a public school for
             111      dual enrollment purposes.
             112          (2) The minor may participate in any academic activity in the public school available to
             113      students in the minor's grade or age group, subject to compliance with the same rules and
             114      requirements that apply to a full-time student's participation in the activity.
             115          (3) [Except as otherwise provided in Sections 53A-11-101 and 53A-11-102 , a] A
             116      student enrolled in a public school may also be enrolled in a private school or a home school
             117      for dual enrollment purposes.
             118          (4) A student enrolled in a dual enrollment program is considered a student of the
             119      district in which the public school of attendance is located for purposes of state funding to the
             120      extent of the student's participation in the public school programs.


             121          (5) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
             122      State Board of Education shall make rules for purposes of dual enrollment to govern and
             123      regulate the transferability of credits toward graduation that are earned in a private or home
             124      school.
             125          [(6) The State Board of Education shall determine the policies and procedures
             126      necessary to permit students enrolled under Subsection (1) to participate in public school
             127      extracurricular activities.]
             128          (6) (a) A minor who is enrolled in a private school or a home school shall be eligible to
             129      participate in extracurricular activities at a public school as provided in this Subsection (6).
             130          (b) A private school student may only participate in extracurricular activities at a public
             131      school that are not offered by the student's private school.
             132          (c) Except as provided in Subsection (6)(d), a private school student or a home school
             133      student may only participate in extracurricular activities at:
             134          (i) the public school within whose boundaries the student's custodial parent or legal
             135      guardian resides; or
             136          (ii) a public school:
             137          (A) within the student's school district of residence; and
             138          (B) that is open for enrollment of nonresident students pursuant to Section 53A-2-207
             139      or 53A-2-213 .
             140          (d) A school district may allow a private school student or a home school student who
             141      does not reside within the district's boundaries to participate in extracurricular activities other
             142      than:
             143          (i) interschool competitions of athletic teams sponsored and supported by a public
             144      school; or
             145          (ii) interschool contests or competitions for music, drama, or forensic groups or teams
             146      sponsored and supported by a public school.
             147          (e) (i) Private school students and home school students shall be eligible for
             148      extracurricular activities at a public school consistent with eligibility standards as applied to
             149      fully enrolled public school students, except as provided in Subsections (6)(f) through (h); and
             150          (ii) a school district or public school may not impose additional requirements on
             151      private school students or home school students to participate in extracurricular activities that


             152      are not imposed on fully enrolled public school students.
             153          (f) Eligibility requirements based on school attendance are not applicable to home
             154      school students.
             155          (g) To demonstrate a home school student's compliance with scholastic eligibility
             156      requirements, the individual providing the primary instruction of a home school student shall
             157      submit a written statement that indicates:
             158          (i) the student is mastering the material in each course or subject being taught; and
             159          (ii) the student is maintaining satisfactory progress towards advancement or promotion.
             160          (h) A public school student who has been declared to be academically ineligible to
             161      participate in an extracurricular activity and who subsequently enrolls in a home school shall
             162      lose eligibility for participation in the extracurricular activity until the student:
             163          (i) demonstrates academic eligibility by providing test results or a portfolio of the
             164      student's work;
             165          (ii) returns to public school and reestablishes academic eligibility; or
             166          (iii) enrolls in a private school and establishes academic eligibility.
             167          (i) When selection to participate in an extracurricular activity at a public school is
             168      made on a competitive basis, a private school student and a home school student shall be
             169      eligible to try out for and participate in the activity as provided in this Subsection (6).




Legislative Review Note
    as of 12-6-06 10:06 AM


Office of Legislative Research and General Counsel


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