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S.B. 66 Enrolled

             1     

PUBLIC SCHOOL EXTRACURRICULAR ACTIVITIES FOR

             2     
HOME SCHOOL AND PRIVATE SCHOOL STUDENTS

             3     
2010 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Chief Sponsor: Mark B. Madsen

             6     
House Sponsor: Keith Grover

             7      Cosponsors:
             8      J. Stuart Adams
             9      Curtis S. Bramble
             10      D. Chris Buttars
             11      Allen M. Christensen
             12      Margaret DaytonScott K. Jenkins
Peter C. Knudson
Daniel R. Liljenquist
Wayne L. Niederhauser
Luz RoblesHoward A. Stephenson
Jerry W. Stevenson
John L. Valentine
Kevin T. Van Tassell
Michael G. Waddoups              13     
             14      LONG TITLE
             15      General Description:
             16          This bill addresses private school and home school students' eligibility to participate in
             17      extracurricular activities.
             18      Highlighted Provisions:
             19          This bill:
             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
             25      school from which the student withdrew;
             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; and
             29          .    makes technical changes.
             30      Monies Appropriated in this Bill:


             31          None
             32      Other Special Clauses:
             33          None
             34      Utah Code Sections Affected:
             35      AMENDS:
             36          53A-11-102.5, as last amended by Laws of Utah 2008, Chapter 382
             37      ENACTS:
             38          53A-11-102.6, Utah Code Annotated 1953
             39     
             40      Be it enacted by the Legislature of the state of Utah:
             41          Section 1. Section 53A-11-102.5 is amended to read:
             42           53A-11-102.5. Dual enrollment.
             43          (1) "District school" means a public school under the control of a local school board
             44      elected pursuant to Title 20A, Chapter 14, Nomination and Election of State and Local School
             45      Boards.
             46          [(1)] (2) A person having control of a minor [under this part] who is enrolled in a
             47      regularly established private school or a home school may also enroll the minor in a public
             48      school for dual enrollment purposes.
             49          [(2)] (3) The minor may participate in any academic activity in the public school
             50      available to students in the minor's grade or age group, subject to compliance with the same
             51      rules and requirements that apply to a full-time student's participation in the activity.
             52          [(3) Except as otherwise provided in Sections 53A-11-101.5 and 53A-11-102 , a
             53      student enrolled in a public school may also be enrolled in a private school or a home school
             54      for dual enrollment purposes.]
             55          (4) (a) A student enrolled in a dual enrollment program in a district school is
             56      considered a student of the district in which the [public] district school of attendance is
             57      located for purposes of state funding to the extent of the student's participation in the [public]
             58      district school programs.


             59          (b) A student enrolled in a dual enrollment program in a charter school is considered a
             60      student of the charter school for purposes of state funding to the extent of the student's
             61      participation in the charter school programs.
             62          (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
             63      the State Board of Education shall make rules for purposes of dual enrollment to govern and
             64      regulate the transferability of credits toward graduation that are earned in a private or home
             65      school.
             66          [(6) The State Board of Education shall determine the policies and procedures
             67      necessary to permit students enrolled under Subsection (1) to participate in public school
             68      extracurricular activities.]
             69          Section 2. Section 53A-11-102.6 is enacted to read:
             70          53A-11-102.6. Private school and home school students' participation in
             71      extracurricular activities in a public school.
             72          (1) As used in this section:
             73          (a) "Academic eligibility requirements" means the academic eligibility requirements
             74      that a home school student is required to meet to participate in an extracurricular activity in a
             75      public school.
             76          (b) "Principal" means the principal of the school in which a home school student
             77      participates or intends to participate in an extracurricular activity.
             78          (2) (a) A minor who is enrolled in a private school or a home school shall be eligible to
             79      participate in an extracurricular activity at a public school as provided in this section.
             80          (b) A private school student may only participate in an extracurricular activity at a
             81      public school that is not offered by the student's private school.
             82          (c) Except as provided in Subsection (2)(d), a private school student or a home school
             83      student may only participate in an extracurricular activity at:
             84          (i) the school within whose attendance boundaries the student's custodial parent or
             85      legal guardian resides; or
             86          (ii) the school from which the student withdrew for the purpose of attending a private


             87      or home school.
             88          (d) A school other than a school described in Subsection (2)(c)(i) or (ii) may allow a
             89      private school student or a home school student to participate in an extracurricular activity
             90      other than:
             91          (i) an interscholastic competition of athletic teams sponsored and supported by a
             92      public school; or
             93          (ii) an interscholastic contest or competition for music, drama, or forensic groups or
             94      teams sponsored and supported by a public school.
             95          (3) (a) Except as provided in Subsections (4) through (13), a private school or home
             96      school student shall be eligible to participate in an extracurricular activity at a public school
             97      consistent with eligibility standards:
             98          (i) applied to a fully enrolled public school student;
             99          (ii) of the public school where the private school or home school student participates
             100      in an extracurricular activity; and
             101          (iii) for the extracurricular activity in which the private school or home school student
             102      participates.
             103          (b) A school district or public school may not impose additional requirements on a
             104      private school or home school student to participate in an extracurricular activity that are not
             105      imposed on a fully enrolled public school student.
             106          (c) (i) A private school or home school student who participates in an extracurricular
             107      activity at a public school shall pay the same fees as required of a fully enrolled public school
             108      student to participate in an extracurricular activity.
             109          (ii) If a local school board or charter school governing board imposes a mandatory
             110      student activity fee for a student enrolled in a public school, the fee may be imposed on a
             111      private school or home school student who participates in an extracurricular activity at the
             112      public school if the same benefits of paying the mandatory student activity fee that are
             113      available to a fully enrolled public school student are available to a private school or home
             114      school student who participates in an extracurricular activity at the public school.


             115          (4) Eligibility requirements based on school attendance are not applicable to a home
             116      school student.
             117          (5) A home school student meets academic eligibility requirements to participate in an
             118      extracurricular activity if:
             119          (a) the student is mastering the material in each course or subject being taught; and
             120          (b) the student is maintaining satisfactory progress towards achievement or promotion.
             121          (6) (a) To establish a home school student's academic eligibility, a parent, teacher, or
             122      organization providing instruction to the student shall submit an affidavit to the principal
             123      indicating the student meets academic eligibility requirements.
             124          (b) Upon submission of an affidavit pursuant to Subsection (6)(a), a home school
             125      student shall:
             126          (i) be considered to meet academic eligibility requirements; and
             127          (ii) retain academic eligibility for all extracurricular activities during the activity
             128      season for which the affidavit is submitted, until:
             129          (A) a panel established under Subsection (10) determines the home school student
             130      does not meet academic eligibility requirements; or
             131          (B) the person who submitted the affidavit under Subsection (6)(a) provides written
             132      notice to the school principal that the student no longer meets academic eligibility
             133      requirements.
             134          (7) (a) A home school student who loses academic eligibility pursuant to Subsection
             135      (6)(b)(ii)(B) may not participate in an extracurricular activity until the person who submitted
             136      the affidavit under Subsection (6)(a) provides written notice to the school principal that the
             137      home school student has reestablished academic eligibility.
             138          (b) If a home school student reestablishes academic eligibility pursuant to Subsection
             139      (7)(a), the home school student may participate in extracurricular activities for the remainder
             140      of the activity season for which an affidavit was submitted under Subsection (6)(a).
             141          (8) A person who has probable cause to believe a home school student does not meet
             142      academic eligibility requirements may submit an affidavit to the principal:


             143          (a) asserting the home student does not meet academic eligibility requirements; and
             144          (b) providing information indicating that the home school student does not meet the
             145      academic eligibility requirements.
             146          (9) A principal shall review the affidavit submitted under Subsection (8), and if the
             147      principal determines it contains information which constitutes probable cause to believe a
             148      home school student may not meet academic eligibility requirements, the principal shall
             149      request a panel established pursuant to Subsection (10) to verify the student's compliance with
             150      academic eligibility requirements.
             151          (10) (a) A school district superintendent shall:
             152          (i) appoint a panel of three individuals to verify a home school student's compliance
             153      with academic eligibility requirements when requested by a principal pursuant to Subsection
             154      (9); and
             155          (ii) select the panel members from nominees submitted by national, state, or regional
             156      organizations whose members are home school students and parents.
             157          (b) Of the members appointed to a panel under Subsection (10)(a):
             158          (i) one member shall have experience teaching in a public school as a licensed teacher
             159      and in home schooling high school-age students;
             160          (ii) one member shall have experience teaching in a higher education institution and in
             161      home schooling; and
             162          (iii) one member shall have experience in home schooling high school-age students.
             163          (11) A panel appointed under Subsection (10):
             164          (a) shall review the affidavit submitted under Subsection (8);
             165          (b) may confer with the person who submitted the affidavit under Subsection (8);
             166          (c) shall request the home school student to submit test scores or a portfolio of work
             167      documenting the student's academic achievement to the panel;
             168          (d) shall review the test scores or portfolio of work; and
             169          (e) shall determine whether the home school student meets academic eligibility
             170      requirements.


             171          (12) A home school student who meets academic eligibility requirements pursuant to
             172      Subsection (11), retains academic eligibility for all extracurricular activities during the activity
             173      season for which an affidavit is submitted pursuant to Subsection (6).
             174          (13) (a) A panel's determination that a home school student does not comply with
             175      academic eligibility requirements is effective for an activity season and all extracurricular
             176      activities that have academic eligibility requirements.
             177          (b) A home school student who is not in compliance with academic eligibility
             178      requirements as determined by a panel appointed under Subsection (11) may seek to establish
             179      academic eligibility under this section for the next activity season.
             180          (14) (a) A public school student who has been declared to be academically ineligible
             181      to participate in an extracurricular activity and who subsequently enrolls in a home school
             182      shall lose eligibility for participation in the extracurricular activity until the student:
             183          (i) demonstrates academic eligibility by providing test results or a portfolio of the
             184      student's work to the school principal, provided that a student may not reestablish academic
             185      eligibility under this Subsection (14)(a) during the same activity season in which the student
             186      was declared to be academically ineligible;
             187          (ii) returns to public school and reestablishes academic eligibility; or
             188          (iii) enrolls in a private school and establishes academic eligibility.
             189          (b) A public school student who has been declared to be behaviorally ineligible to
             190      participate in an extracurricular activity and who subsequently enrolls in a home school shall
             191      lose eligibility for participation in the extracurricular activity until the student meets eligibility
             192      standards as provided in Subsection (3).
             193          (15) When selection to participate in an extracurricular activity at a public school is
             194      made on a competitive basis, a private school student and a home school student shall be
             195      eligible to try out for and participate in the activity as provided in this section.
             196          (16) (a) If a student exits a public school to enroll in a private or home school
             197      mid-semester or during an activity season, and the student desires to participate in an
             198      extracurricular activity at the public school, the public school shall issue an interim academic


             199      assessment based on the student's work in each class.
             200          (b) A student's academic eligibility to participate in an extracurricular activity under
             201      the circumstances described in Subsection (16)(a) shall be based on the student meeting public
             202      school academic eligibility standards at the time of exiting public school.
             203          (c) A student may appeal an academic eligibility determination made under
             204      Subsection (16)(b) in accordance with procedures for appealing a public school student's
             205      academic eligibility.


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