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S.B. 36 Enrolled

             1     

CHARTER AND ONLINE SCHOOLS -

             2     
PARTICIPATION IN EXTRACURRICULAR

             3     
ACTIVITIES

             4     
2008 GENERAL SESSION

             5     
STATE OF UTAH

             6     
Chief Sponsor: Mark B. Madsen

             7     
House Sponsor: Craig A. Frank

             8     
             9      LONG TITLE
             10      General Description:
             11          This bill addresses the eligibility of charter school students and students who participate
             12      in online education programs to participate in extracurricular activities.
             13      Highlighted Provisions:
             14          This bill:
             15          .    provides that a charter school student is eligible to participate in extracurricular
             16      activities not offered by the student's charter school at:
             17              .    the public school within whose boundaries the student's custodial parent or legal
             18      guardian resides; or
             19              .    the public school from which the student withdrew for the purpose of attending a
             20      charter school;
             21          .    provides that a student who participates in an online education program sponsored
             22      or supported by a school district or charter school is eligible to participate in
             23      extracurricular activities at:
             24              .    the public school within whose boundaries the student's custodial parent or legal
             25      guardian resides; or
             26              .    the public school from which the student withdrew for the purpose of
             27      participating in an online education program; and
             28          .    directs the State Board of Education to make rules establishing fees for charter
             29      school students and online students to participate in extracurricular activities at a


             30      school district school.
             31      Monies Appropriated in this Bill:
             32          None
             33      Other Special Clauses:
             34          None
             35      Utah Code Sections Affected:
             36      ENACTS:
             37          53A-1a-519, Utah Code Annotated 1953
             38          53A-2-214, Utah Code Annotated 1953
             39     
             40      Be it enacted by the Legislature of the state of Utah:
             41          Section 1. Section 53A-1a-519 is enacted to read:
             42          53A-1a-519. Charter school students' participation in extracurricular activities at
             43      other public schools.
             44          (1) A charter school student is eligible to participate in extracurricular activities not
             45      offered by the student's charter school at:
             46          (a) the school within whose attendance boundaries the student's custodial parent or
             47      legal guardian resides; or
             48          (b) the public school from which the student withdrew for the purpose of attending a
             49      charter school.
             50          (2) A school other than a school described in Subsection (1)(a) or (b) may allow a
             51      charter school student to participate in extracurricular activities other than:
             52          (a) interschool competitions of athletic teams sponsored and supported by a public
             53      school; or
             54          (b) interschool contests or competitions for music, drama, or forensic groups or teams
             55      sponsored and supported by a public school.
             56          (3) A charter school student is eligible for extracurricular activities at a public school
             57      consistent with eligibility standards as applied to full-time students of the public school.


             58          (4) A school district or public school may not impose additional requirements on a
             59      charter school student to participate in extracurricular activities that are not imposed on
             60      full-time students of the public school.
             61          (5) (a) The State Board of Education shall make rules establishing fees for charter
             62      school students' participation in extracurricular activities at school district schools.
             63          (b) The rules shall provide that:
             64          (i) charter school students pay the same fees as other students to participate in
             65      extracurricular activities;
             66          (ii) charter school students are eligible for fee waivers pursuant to Section 53A-12-103 ;
             67          (iii) for each charter school student who participates in an extracurricular activity at a
             68      school district school, the charter school shall pay a share of the school district's costs for the
             69      extracurricular activity; and
             70          (iv) a charter school's share of the costs of an extracurricular activity shall reflect state
             71      and local tax revenues expended, except capital facilities expenditures, for an extracurricular
             72      activity in a school district or school divided by total student enrollment of the school district or
             73      school.
             74          (c) In determining a charter school's share of the costs of an extracurricular activity
             75      under Subsections (5)(b)(iii) and (iv), the State Board of Education may establish uniform fees
             76      statewide based on average costs statewide or average costs within a sample of school districts.
             77          (6) When selection to participate in an extracurricular activity at a public school is made
             78      on a competitive basis, a charter school student is eligible to try out for and participate in the
             79      activity as provided in this section.
             80          Section 2. Section 53A-2-214 is enacted to read:
             81          53A-2-214. Online students' participation in extracurricular activities.
             82          (1) As used in this section:
             83          (a) "Online education" means the use of information and communication technologies
             84      to deliver educational opportunities to a student in a location other than a school.
             85          (b) "Online student" means a student who:


             86          (i) participates in an online education program sponsored or supported by the State
             87      Board of Education, a school district, or charter school; and
             88          (ii) generates funding for the school district or school pursuant to Subsection
             89      53A-17a-103 (5) and rules of the State Board of Education.
             90          (2) An online student is eligible to participate in extracurricular activities at:
             91          (a) the school within whose attendance boundaries the student's custodial parent or
             92      legal guardian resides; or
             93          (b) the public school from which the student withdrew for the purpose of participating
             94      in an online education program.
             95          (3) A school other than a school described in Subsection (2)(a) or (b) may allow an
             96      online student to participate in extracurricular activities other than:
             97          (a) interschool competitions of athletic teams sponsored and supported by a public
             98      school; or
             99          (b) interschool contests or competitions for music, drama, or forensic groups or teams
             100      sponsored and supported by a public school.
             101          (4) An online student is eligible for extracurricular activities at a public school
             102      consistent with eligibility standards as applied to full-time students of the public school.
             103          (5) A school district or public school may not impose additional requirements on an
             104      online school student to participate in extracurricular activities that are not imposed on full-time
             105      students of the public school.
             106          (6) (a) The State Board of Education shall make rules establishing fees for an online
             107      school student's participation in extracurricular activities at school district schools.
             108          (b) The rules shall provide that:
             109          (i) online school students pay the same fees as other students to participate in
             110      extracurricular activities;
             111          (ii) online school students are eligible for fee waivers pursuant to Section 53A-12-103 ;
             112          (iii) for each online school student who participates in an extracurricular activity at a
             113      school district school, the online school shall pay a share of the school district's costs for the


             114      extracurricular activity; and
             115          (iv) an online school's share of the costs of an extracurricular activity shall reflect state
             116      and local tax revenues expended, except capital facilities expenditures, for an extracurricular
             117      activity in a school district or school divided by total student enrollment of the school district or
             118      school.
             119          (c) In determining an online school's share of the costs of an extracurricular activity
             120      under Subsections (6)(b)(iii) and (iv), the State Board of Education may establish uniform fees
             121      statewide based on average costs statewide or average costs within a sample of school districts.
             122          (7) When selection to participate in an extracurricular activity at a public school is made
             123      on a competitive basis, an online student is eligible to try out for and participate in the activity
             124      as provided in this section.


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