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S.B. 53

             1     

ELIGIBILITY FOR INTERSCHOLASTIC ACTIVITIES IN

             2     
SECONDARY SCHOOLS

             3     
2011 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Chief Sponsor: Mark B. Madsen

             6     
House Sponsor: Keith Grover

             7     
             8      LONG TITLE
             9      General Description:
             10          This bill amends provisions related to the eligibility of secondary school students to
             11      participate in certain school activities.
             12      Highlighted Provisions:
             13          This bill:
             14          .    provides that a charter school student is eligible to participate in an extracurricular
             15      activity at a public school other than the charter school if the student's charter school
             16      is located on the campus of the public school;
             17          .    provides that a school, school district, or association may not prohibit a student
             18      from participating in an interscholastic activity:
             19              .    based on the student's transfer to a school, enrollment at the student's school of
             20      residence, or enrollment at a charter school under certain circumstances;
             21              .    based on the student's enrollment in a school other than the student's school of
             22      residence; or
             23              .    because the student's parent does not reside within the school's attendance area;
             24          .    provides that a school, school district, or association may prohibit a student from
             25      participating in an interscholastic activity because the student transferred schools
             26      under certain circumstances; and
             27          .    defines terms.


             28      Money Appropriated in this Bill:
             29          None
             30      Other Special Clauses:
             31          None
             32      Utah Code Sections Affected:
             33      AMENDS:
             34          53A-1a-519, as enacted by Laws of Utah 2008, Chapter 233
             35      ENACTS:
             36          53A-11-1501, Utah Code Annotated 1953
             37     
             38      Be it enacted by the Legislature of the state of Utah:
             39          Section 1. Section 53A-1a-519 is amended to read:
             40           53A-1a-519. Charter school students' participation in extracurricular activities at
             41      other public schools.
             42          (1) A charter school student is eligible to participate in an extracurricular [activities]
             43      activity not offered by the student's charter school at:
             44          (a) the school within whose attendance boundaries the student's custodial parent or
             45      legal guardian resides; [or]
             46          (b) the public school from which the student withdrew for the purpose of attending a
             47      charter school[.]; or
             48          (c) a public school if the student's charter school is located on the campus of the public
             49      school.
             50          (2) A school other than a school described in Subsection (1)(a) [or], (b), or (c) may
             51      allow a 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
             73      or 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
             78      made on a competitive basis, a charter school student is eligible to try out for and participate in
             79      the activity as provided in this section.
             80          Section 2. Section 53A-11-1501 is enacted to read:
             81     
CHAPTER 11. STUDENTS IN SCHOOLS

             82     
Part 15. Secondary School Interscholastic Activities

             83          53A-11-1501. Eligibility for secondary school interscholastic activities.
             84          (1) As used in this section:
             85          (a) "Association" means an organization that governs or regulates a student's
             86      participation in an interscholastic activity.
             87          (b) "Attendance area" means an area established by a local school board from which
             88      students are assigned to attend a certain school.
             89          (c) "Interscholastic activity" means an activity within the state in which the students


             90      that participate:
             91          (i) are in grades nine through 12; and
             92          (ii) represent a school in the activity.
             93          (d) "Qualifying year" means:
             94          (i) for a student transferring between schools pursuant to the requirements of Section
             95      53A-2-207 , the school year that begins after June 30 and immediately following the submission
             96      of an application for admission to a school in accordance with Section 53A-2-207 ;
             97          (ii) the school year that begins after June 30 and immediately following the student's
             98      enrollment at the student's school of residence for a student:
             99          (A) transferring from a school to the student's school of residence;
             100          (B) transferring from a private school to the student's school of residence; or
             101          (C) who attended school from home prior to enrolling at the student's school of
             102      residence; or
             103          (iii) for a student enrolling at a charter school, the school year that begins after June 30
             104      and immediately following the student's enrollment at the charter school.
             105          (e) "Recruiting" means a solicitation or conversation:
             106          (i) initiated by:
             107          (A) an employee of a school or school district; or
             108          (B) a coach or advisor of an interscholastic activity;
             109          (ii) to influence a student, or the student's relative or legal guardian, to transfer to a
             110      school for the purpose of participating in an interscholastic activity at the school; and
             111          (iii) with an offer for the student, or the student's relative or legal guardian, that the
             112      school has the capacity to fulfill.
             113          (f) "School" means a public school.
             114          (g) "School of residence" means the school to which a student is assigned to attend
             115      based on the student's place of residence.
             116          (2) Except as provided in Sections 53A-1a-519 , 53A-2-214 , and 53A-11-102.6 , a
             117      school, a school district, or an association may not prohibit a student from participating in an
             118      interscholastic activity during a qualifying year because:
             119          (a) except as provided in Subsection (3), the student transferred between schools or
             120      participated in an interscholastic activity at another school during the prior school year if:


             121          (i) the student:
             122          (A) submitted an application for admission to the school for the qualifying school year
             123      in accordance with Section 53A-2-207 between December 1 and June 30 prior to the qualifying
             124      school year; and
             125          (B) received written notification of acceptance of the application described in
             126      Subsection (2)(a)(i)(A) on or before June 30 prior to the qualifying school year;
             127          (ii) the student is accepted for late enrollment to the school for the school year prior to
             128      the qualifying school year; or
             129          (iii) the student:
             130          (A) transfers from a school to the student's school of residence; and
             131          (B) enrolls for the qualifying school year at the student's school of residence on or
             132      before June 30 prior to the qualifying school year;
             133          (b) the student enrolls at the student's school of residence on or before June 30 prior to
             134      the qualifying school year;
             135          (c) the student enrolls at a school that is a charter school on or before June 30 prior to
             136      the qualifying school year;
             137          (d) the student enrolls in a school other than the student's school of residence; or
             138          (e) the student's parent does not reside within the school's attendance area.
             139          (3) Notwithstanding Subsection (2)(a), a school, a school district, or an association
             140      may prohibit a student from participating in an interscholastic activity based on the student's
             141      transfer between schools if the school, school district, or association can prove that the student
             142      was recruited to transfer solely for an athletic purpose by:
             143          (a) an employee of a school or school district; or
             144          (b) a coach of an interscholastic activity.




Legislative Review Note
    as of 1-25-11 1:22 PM


Office of Legislative Research and General Counsel


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