S.B. 37

This document includes Senate Committee Amendments incorporated into the bill on Mon, Jan 28, 2008 at 3:32 PM by rday. --> This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Mon, Feb 11, 2008 at 11:49 AM by rday. --> 1

HOME SCHOOL AND EXTRA CURRICULAR
2 ACTIVITIES AMENDMENTS
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Mark B. Madsen
6 House Sponsor: Carl Wimmer
7
8 LONG TITLE
9 Committee Note:
10 The Education Interim Committee recommended this bill.
11 General Description:
12 This bill modifies procedures for exempting minors who are home schooled from
13 attendance at a public or private school and addresses private school and home school
14 students' eligibility to participate in extracurricular activities.
15 Highlighted Provisions:
16 This bill:
17 . requires a local school board to issue a certificate excusing a minor from attendance
18 within 30 days of receipt of a signed affidavit stating that the minor will attend a
19 home school;
20 . provides that a minor who is enrolled in a private school or a home school shall be
21 eligible to participate in extracurricular activities at a public school;
22 . provides that, with certain exceptions, a private school or a home school student
23 may only participate in extracurricular activities at the public school within whose
24 boundaries the student's custodial parent or legal guardian resides or a public school
25 from which the student withdrew; and
26 . provides that, with certain exceptions, private school students and home school
27 students shall be eligible for extracurricular activities at a public school consistent

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29 Monies Appropriated in this Bill:
30 None
31 Other Special Clauses:
32 None
33 Utah Code Sections Affected:
34 AMENDS:
35 53A-11-102, as last amended by Laws of Utah 2007, Chapter 81
36 53A-11-102.5, as last amended by Laws of Utah 2007, Chapter 81
37
38 Be it enacted by the Legislature of the state of Utah:
39 Section 1. Section 53A-11-102 is amended to read:
40 53A-11-102. Minors exempt from school attendance.
41 (1) (a) A school-age minor may be excused from attendance by the local board of
42 education and a parent exempted from application of Subsections 53A-11-101.5 (2), (5), and (6)
43 for any of the following reasons:
44 (i) a minor over age 16 may receive a partial release from school to enter employment,
45 or attend a trade school, if the minor has completed the eighth grade; or
46 (ii) on an annual basis, a minor may receive a full release from attending a public,
47 regularly established private, or part-time school or class if:
48 (A) the minor has already completed the work required for graduation from high
49 school, or has demonstrated mastery of required skills and competencies in accordance with
50 Subsection 53A-15-102 (1);
51 (B) the minor is in a physical or mental condition, certified by a competent physician if
52 required by the district board, which renders attendance inexpedient and impracticable;
53 (C) proper influences and adequate opportunities for education are provided in
54 connection with the minor's employment; or
55 (D) the district superintendent has determined that a minor over the age of 16 is unable
56 to profit from attendance at school because of inability or a continuing negative attitude toward
57 school regulations and discipline.
58 (b) Minors receiving a partial release from school under Subsection (1)(a)(i) are

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- 3 - 59 required to attend:
60 (i) school part-time as prescribed by the local school board; or
61 (ii) a home school part-time.
62 (c) In each case, evidence of reasons for granting an exemption under Subsection (1)
63 must be sufficient to satisfy the local board.
64 (2) (a) On an annual basis, a school-age minor shall be excused from attendance by a
65 local board of education and a parent exempted from application of Subsections
66 53A-11-101.5 (2), (5), and (6), if the minor's parent files a signed affidavit with the minor's
67 school district of residence, as defined in Section 53A-2-201 , stating that the minor will attend
68 a home school and receive instruction as required by Subsection (2)(b).
69 (b) Each minor who attends a home school shall receive instruction:
70 (i) in the subjects the State Board of Education requires to be taught in public schools
71 in accordance with the law; and
72 (ii) for the same length of time as minors are required by law to receive instruction in
73 public schools, as provided by rules of the State Board of Education.
74 (c) Subject to the requirements of Subsection (2)(b), a parent of a minor who attends a
75 home school is solely responsible for:
76 (i) the selection of instructional materials and textbooks;
77 (ii) the time, place, and method of instruction[,]; and
78 (iii) the evaluation of the home school instruction.
79 (d) A local school board may not:
80 (i) require a parent of a minor who attends a home school to maintain records of
81 instruction or attendance;
82 (ii) require credentials for individuals providing home school instruction;
83 (iii) inspect home school facilities; or
84 (iv) require standardized or other testing of home school students.
85 (3) (a) Boards excusing minors from attendance as provided by Subsections (1) and (2)
86 shall issue a certificate stating that the minor is excused from attendance during the time
87 specified on the certificate.
88 (b) A local school board shall issue a certificate excusing a minor from attendance
89 within 30 days after receipt of a signed affidavit filed by the minor's parent pursuant to

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- 4 - 90 Subsection (2).
91 (4) Nothing in this section may be construed to prohibit or discourage voluntary
92 cooperation, resource sharing, or testing opportunities between a school or school district and a
93 parent or guardian of a minor attending a home school.
94 Section 2. Section 53A-11-102.5 is amended to read:
95 53A-11-102.5. Dual enrollment.
96 (1) "District school" means a public school under the control of a local board of
97 education elected pursuant to Title 20A, Chapter 14, Nomination and Election of State and
98 Local School Boards.
99 [(1)] (2) A person having control of a minor under this part who is enrolled in a
100 regularly established private school or a home school may also enroll the minor in a public
101 school for dual enrollment purposes.
102 [(2)] (3) The minor may participate in any academic activity in the public school
103 available to students in the minor's grade or age group, subject to compliance with the same
104 rules and requirements that apply to a full-time student's participation in the activity.
105 [(3) Except as otherwise provided in Sections 53A-11-101.5 and 53A-11-102 , a]
106 (4) A student enrolled in a public school may also be enrolled in a private school or a
107 home school for dual enrollment purposes.
108 [(4)] (5) (a) A student enrolled in a dual enrollment program in a district school is
109 considered a student of the district in which the [public] district school of attendance is located
110 for purposes of state funding to the extent of the student's participation in the [public] district
111 school programs.
112 (b) A student enrolled in a dual enrollment program in a charter school is considered a
113 student of the charter school for purposes of state funding to the extent of the student's
114 participation in the charter school programs.
115 [(5)] (6) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking
116 Act, the State Board of Education shall make rules for purposes of dual enrollment to govern
117 and regulate the transferability of credits toward graduation that are earned in a private or home
118 school.
119 [(6) The State Board of Education shall determine the policies and procedures
120 necessary to permit students enrolled under Subsection (1) to participate in public school

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Senate 2nd Reading Amendments 2-11-2008 rd/dsl 121

extracurricular activities.]
122 (7) (a) A minor who is enrolled in a private school or a home school shall be eligible to
123 participate in extracurricular activities at a public school as provided in this Subsection (7).
124 (b) A private school student may only participate in extracurricular activities at a public
125 school that are not offered by the student's private school.
126 (c) Except as provided in Subsection (7)(d), a private school student or a home school
127 student may only participate in extracurricular activities at:
128 (i) the school within whose attendance boundaries the student's custodial parent or
129 legal guardian resides; or
130 (ii) the school from which the student withdrew for the purpose of attending a private
131 or home school.
132 (d) A school other than a school described in Subsection (7)(c)(i) or (ii) may allow a
133 private school student or a home school student to participate in extracurricular activities other
134 than:
135 (i) interschool competitions of athletic teams sponsored and supported by a public
136 school; or
137 (ii) interschool contests or competitions for music, drama, or forensic groups or teams
138 sponsored and supported by a public school.
139 (e) (i) S. [ Private ] Except as provided in Subsections (7)(f) through (h):
139a (A) private .S school students and home school students shall be eligible for
140 extracurricular activities at a public school consistent with eligibility standards as applied to
141 fully enrolled public school students S. [ , except as provided in Subsections (7)(f) through (h) ] .S ;
141a and
141b S. (B) a public school student who has been declared to be ineligible to participate in an
141c extracurricular activity and who subsequently enrolls in a home school may not regain
141d eligibility until the student resolves the reason for ineligibility and conforms to the eligibility
141e standards applicable to fully enrolled public school students. .S
142 (ii) S. [ a ] A .S school district or public school may not impose additional requirements on
143 private school students or home school students to participate in extracurricular activities that
144 are not imposed on fully enrolled public school students.
145 (f) Eligibility requirements based on school attendance are not applicable to home
146 school students.
147 (g) To demonstrate a home school student's compliance with scholastic eligibility
148 requirements, the individual providing the primary instruction of a home school student shall
149 submit an affidavit that indicates:
150 (i) the student is mastering the material in each course or subject being taught; and
151 (ii) the student is maintaining satisfactory progress towards advancement or promotion.

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Senate Committee Amendments 1-28-2008 rd/dsl 152

(h) A public school student who has been declared to be academically ineligible to
153 participate in an extracurricular activity and who subsequently enrolls in a home school shall
154 lose eligibility for participation in the extracurricular activity until the student:
155 (i) demonstrates academic eligibility by providing test results or a portfolio of the
156 student's work;
157 (ii) returns to public school and reestablishes academic eligibility; or
158 (iii) enrolls in a private school and establishes academic eligibility.
159 (i) When selection to participate in an extracurricular activity at a public school is
160 made on a competitive basis, a private school student and a home school student shall be
161 eligible to try out for and participate in the activity as provided in this Subsection (7).

Legislative Review Note
as of 11-16-07 10:02 AM

Office of Legislative Research and General Counsel