First Substitute S.B. 235

Senator Karen Mayne proposes the following substitute bill:

1 CHARTER SCHOOL STUDENTS' PARTICIPATION IN
2 EXTRACURRICULAR ACTIVITIES
3 2011 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Karen Mayne
6 House Sponsor: Gregory H. Hughes
7
8 LONG TITLE
9 General Description:
10 This bill amends provisions related to the eligibility of charter school students to
11 participate in extracurricular 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 student's charter school if the student's
16 charter school is located on the campus of the public school, or has local school
17 board approval to locate on the campus of the public school;
18 . provides that the State Board of Education, in conjunction with the Utah High
19 School Activities Association, may establish rules that allow a charter school
20 student to participate in an extracurricular activity at another public school; and
21 . makes technical changes.
22 Money Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 This bill provides an immediate effective date.

26 Utah Code Sections Affected:
27 AMENDS:
28 53A-1a-519, as enacted by Laws of Utah 2008, Chapter 233
29
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 53A-1a-519 is amended to read:
32 53A-1a-519. Charter school students' participation in extracurricular activities at
33 other public schools.
34 (1) A charter school student is eligible to participate in an extracurricular [activities]
35 activity not offered by the student's charter school at:
36 (a) the school within whose attendance boundaries the student's custodial parent or
37 legal guardian resides; [or]
38 (b) the public school from which the student withdrew for the purpose of attending a
39 charter school[.]; or
40 (c) a public school that is not a charter school if the student's charter school is located
41 on the campus of the public school or has local school board approval to locate on the campus
42 of the public school.
43 (2) In addition to the public schools listed in Subsection (1), the State Board of
44 Education, in consultation with the Utah High School Activities Association, may establish
45 rules to allow a charter school student to participate in an extracurricular activity at a public
46 school other than a public school listed in Subsection (1).
47 [(2)] (3) A school other than a school described in Subsection (1)(a) [or], (b), or (c)
48 may allow a charter school student to participate in extracurricular activities other than:
49 (a) interschool competitions of athletic teams sponsored and supported by a public
50 school; or
51 (b) interschool contests or competitions for music, drama, or forensic groups or teams
52 sponsored and supported by a public school.
53 [(3)] (4) A charter school student is eligible for extracurricular activities at a public
54 school consistent with eligibility standards as applied to full-time students of the public school.
55 [(4)] (5) A school district or public school may not impose additional requirements on
56 a charter school student to participate in extracurricular activities that are not imposed on

57 full-time students of the public school.
58 [(5)] (6) (a) The State Board of Education shall make rules establishing fees for charter
59 school students' participation in extracurricular activities at school district schools.
60 (b) The rules shall provide that:
61 (i) charter school students pay the same fees as other students to participate in
62 extracurricular activities;
63 (ii) charter school students are eligible for fee waivers pursuant to Section 53A-12-103 ;
64 (iii) for each charter school student who participates in an extracurricular activity at a
65 school district school, the charter school shall pay a share of the school district's costs for the
66 extracurricular activity; and
67 (iv) a charter school's share of the costs of an extracurricular activity shall reflect state
68 and local tax revenues expended, except capital facilities expenditures, for an extracurricular
69 activity in a school district or school divided by total student enrollment of the school district
70 or school.
71 (c) In determining a charter school's share of the costs of an extracurricular activity
72 under Subsections [(5)] (6)(b)(iii) and (iv), the State Board of Education may establish uniform
73 fees statewide based on average costs statewide or average costs within a sample of school
74 districts.
75 [(6)] (7) When selection to participate in an extracurricular activity at a public school is
76 made on a competitive basis, a charter school student is eligible to try out for and participate in
77 the activity as provided in this section.
78 Section 2. Effective date.
79 If approved by two-thirds of all the members elected to each house, this bill takes effect
80 upon approval by the governor, or the day following the constitutional time limit of Utah
81 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
82 the date of veto override.