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S.B. 37

             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


             28      with eligibility standards for fully enrolled public school students.
             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


             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


             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


             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) Private 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, except as provided in Subsections (7)(f) through (h); and
             142          (ii) a 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.


             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


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