1     
PARTICIPATION IN EXTRACURRICULAR ACTIVITIES

2     
AMENDMENTS

3     
2023 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Jordan D. Teuscher

6     
Senate Sponsor: Lincoln Fillmore

7     

8     LONG TITLE
9     General Description:
10          This bill amends provisions amending student participation in extracurricular activities.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     allows a private school student, a home school student, a charter school student, or
15     an online school student to participate in extracurricular activities outside of the
16     student's public school of residence under certain circumstances;
17          ▸     prohibits a public school from participation in an athletics association that does not
18     collect a birth certificate or other identifying documents during the registration
19     process;
20          ▸     allows athletes without access to a birth certificate to provide alternative
21     documentation to an athletic association in certain circumstances; and
22          ▸     makes technical and conforming changes.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:
26          None
27     Utah Code Sections Affected:
28     AMENDS:
29          53G-6-703, as last amended by Laws of Utah 2019, Chapter 293
30          53G-6-704, as last amended by Laws of Utah 2019, Chapter 293
31          53G-6-705, as last amended by Laws of Utah 2019, Chapter 293
32          53G-6-1001, as enacted by Laws of Utah 2022, Chapter 478
33          53G-7-1102, as renumbered and amended by Laws of Utah 2018, Chapter 3
34     

35     Be it enacted by the Legislature of the state of Utah:
36          Section 1. Section 53G-6-703 is amended to read:
37          53G-6-703. Private school and home school students' participation in
38     extracurricular activities in a public school.
39          (1) As used in this section:
40          (a) "Academic eligibility requirements" means the academic eligibility requirements
41     that a home school student is required to meet to participate in an extracurricular activity in a
42     public school.
43          (b) "Association" means the same as that term is defined in Section 53G-7-1101.
44          (c) "Extracurricular activity" means the same as that term is defined in Section
45     53G-7-501.
46          (d) "Initial establishment of eligibility requirements" means an association's eligibility
47     requirements, policies, procedures, and transfer rules that a school student in grade 9 or 10
48     must meet, and to which the student is bound, to participate on a high school sports team when
49     the student:
50          (i) attends the high school in which the student is selected for membership on a high
51     school sports team; or
52          (ii) does not attend the high school in which the student tries out for and is selected for
53     membership on a high school sports team.
54          [(b)] (e) "Minor" means the same as that term is defined in Section 53G-6-201.
55          [(c)] (f) "Parent" means the same as that term is defined in Section 53G-6-201.
56          [(d)] (g) "Principal" means the principal of the school in which a home school student
57     participates or intends to participate in an extracurricular activity.
58          (2) (a) A minor who is enrolled in a private school or a home school [shall be] is
59     eligible to participate in an extracurricular activity at a public school as provided in this
60     section.
61          (b) A private school student may only participate in an extracurricular activity at a
62     public school that is not offered by the student's private school.
63          (c) (i) Except as provided in Subsection (2)(d), a private school student or a home
64     school student may only participate in an extracurricular activity at:
65          [(i)] (A) the school [within whose] with attendance boundaries within which the
66     student's custodial parent resides; or
67          [(ii)] (B) the school from which the student withdrew for the purpose of attending a
68     private or home school.
69          (ii) A private school student or a home school student retains the ability to participate
70     in an extracurricular activity at a school described in Subsection (2)(c)(i) if the student did not
71     initially establish the student's eligibility at another school in grade 9 or 10.
72          (d) A school other than a school described in Subsection (2)(c)(i) [or (ii)] may allow a
73     private school student or a home school student to participate in an extracurricular activity
74     [other than:] that the public school sponsors and supports if:
75          (i) for an interscholastic competition of athletic teams [sponsored and supported by a
76     public school; or], the private school student or the home school student meets the initial
77     establishment of eligibility requirements;
78          (ii) for an interscholastic contest or competition for music, drama, or forensic groups or
79     teams [sponsored and supported by a public school.], the private school student, subject to
80     Subsection (2)(b), or the home school student meets the entry requirements for participation;
81          (iii) the private school student or the home school student meets the eligibility
82     requirements under this section; and
83          (iv) the private school student or the home school student meets the enrollment
84     requirements for public school in accordance with Part 4, School District Enrollment.
85          (3) (a) Except as provided in Subsections (4) through (13), a private school student or a
86     home school student [shall be] is eligible to participate in an extracurricular activity at a public
87     school consistent with eligibility standards:
88          (i) applied to a fully enrolled public school student;
89          (ii) of the public school where the private school student or the home school student
90     participates in an extracurricular activity; and
91          (iii) for the extracurricular activity in which the private school or the home school
92     student participates.
93          (b) A school district or public school may not impose additional requirements on a
94     private school student or a home school student to participate in an extracurricular activity that
95     are not imposed on a fully enrolled public school student.
96          (c) (i) A private school student or a home school student who participates in an
97     extracurricular activity at a public school shall pay the same fees as required of a fully enrolled
98     public school student to participate in an extracurricular activity.
99          (ii) If a local school board or a charter school governing board imposes a mandatory
100     student activity fee for a student enrolled in a public school, the fee may be imposed on a
101     private school student or a home school student who participates in an extracurricular activity
102     at the public school if the same benefits of paying the mandatory student activity fee that are
103     available to a fully enrolled public school student are available to a private school student or a
104     home school student who participates in an extracurricular activity at the public school.
105          (4) Eligibility requirements based on school attendance are not applicable to a home
106     school student.
107          (5) A home school student meets academic eligibility requirements to participate in an
108     extracurricular activity if:
109          (a) the student is mastering the material in each course or subject being taught; and
110          (b) the student is maintaining satisfactory progress towards achievement or promotion.
111          (6) (a) To establish a home school student's academic eligibility, a parent, teacher, or
112     organization providing instruction to the student shall submit an affidavit to the principal
113     indicating the student meets academic eligibility requirements.
114          (b) Upon submission of an affidavit pursuant to Subsection (6)(a), a home school
115     student shall:
116          (i) be considered to meet academic eligibility requirements; and
117          (ii) retain academic eligibility for all extracurricular activities during the activity season
118     for which the affidavit is submitted, until:
119          (A) a panel established under Subsection (10) determines the home school student does
120     not meet academic eligibility requirements; or
121          (B) the person who submitted the affidavit under Subsection (6)(a) provides written
122     notice to the school principal that the student no longer meets academic eligibility
123     requirements.
124          (7) (a) A home school student who loses academic eligibility pursuant to Subsection
125     (6)(b)(ii)(B) may not participate in an extracurricular activity until the person who submitted
126     the affidavit under Subsection (6)(a) provides written notice to the school principal that the
127     home school student has reestablished academic eligibility.
128          (b) If a home school student reestablishes academic eligibility pursuant to Subsection
129     (7)(a), the home school student may participate in extracurricular activities for the remainder of
130     the activity season for which an affidavit was submitted under Subsection (6)(a).
131          (8) A person who has probable cause to believe a home school student does not meet
132     academic eligibility requirements may submit an affidavit to the principal:
133          (a) asserting the home school student does not meet academic eligibility requirements;
134     and
135          (b) providing information indicating that the home school student does not meet the
136     academic eligibility requirements.
137          (9) A principal shall review the affidavit submitted under Subsection (8), and if the
138     principal determines it contains information which constitutes probable cause to believe a
139     home school student may not meet academic eligibility requirements, the principal shall
140     request a panel established pursuant to Subsection (10) to verify the student's compliance with
141     academic eligibility requirements.
142          (10) (a) A school district superintendent shall:
143          (i) appoint a panel of three individuals to verify a home school student's compliance
144     with academic eligibility requirements when requested by a principal pursuant to Subsection
145     (9); and
146          (ii) select the panel members from nominees submitted by national, state, or regional
147     organizations whose members are home school students and parents.
148          (b) Of the members appointed to a panel under Subsection (10)(a):
149          (i) one member shall have experience teaching in a public school as a licensed teacher
150     and in home schooling high school-age students;
151          (ii) one member shall have experience teaching in a higher education institution and in
152     home schooling; and
153          (iii) one member shall have experience in home schooling high school-age students.
154          (11) A panel appointed under Subsection (10):
155          (a) shall review the affidavit submitted under Subsection (8);
156          (b) may confer with the person who submitted the affidavit under Subsection (8);
157          (c) shall request the home school student to submit test scores or a portfolio of work
158     documenting the student's academic achievement to the panel;
159          (d) shall review the test scores or portfolio of work; and
160          (e) shall determine whether the home school student meets academic eligibility
161     requirements.
162          (12) A home school student who meets academic eligibility requirements pursuant to
163     Subsection (11), retains academic eligibility for all extracurricular activities during the activity
164     season for which an affidavit is submitted pursuant to Subsection (6).
165          (13) (a) A panel's determination that a home school student does not comply with
166     academic eligibility requirements is effective for an activity season and all extracurricular
167     activities that have academic eligibility requirements.
168          (b) A home school student who is not in compliance with academic eligibility
169     requirements as determined by a panel appointed under Subsection (11) may seek to establish
170     academic eligibility under this section for the next activity season.
171          (14) (a) A public school student who has been declared to be academically ineligible to
172     participate in an extracurricular activity and who subsequently enrolls in a home school shall
173     lose eligibility for participation in the extracurricular activity until the student:
174          (i) demonstrates academic eligibility by providing test results or a portfolio of the
175     student's work to the school principal, provided that a student may not reestablish academic
176     eligibility under this Subsection (14)(a) during the same activity season in which the student
177     was declared to be academically ineligible;
178          (ii) returns to public school and reestablishes academic eligibility; or
179          (iii) enrolls in a private school and establishes academic eligibility.
180          (b) A public school student who has been declared to be behaviorally ineligible to
181     participate in an extracurricular activity and who subsequently enrolls in a home school shall
182     lose eligibility for participation in the extracurricular activity until the student meets eligibility
183     standards as provided in Subsection (3).
184          (15) When selection to participate in an extracurricular activity at a public school is
185     made on a competitive basis, a private school student [and] or a home school student [shall be]
186     is eligible to try out for and participate in the activity as provided in this section.
187          (16) (a) If a student exits a public school to enroll in a private school or a home school
188     mid-semester or during an activity season, and the student desires to participate in an
189     extracurricular activity at the public school, the public school shall issue an interim academic
190     assessment based on the student's work in each class.
191          (b) A student's academic eligibility to participate in an extracurricular activity under
192     the circumstances described in Subsection (16)(a) [shall be based] is dependent on the student
193     meeting public school academic eligibility standards at the time of exiting public school.
194          (c) A student may appeal an academic eligibility determination made under Subsection
195     (16)(b) in accordance with procedures for appealing a public school student's academic
196     eligibility.
197          Section 2. Section 53G-6-704 is amended to read:
198          53G-6-704. Charter school students' participation in extracurricular activities at
199     other public schools.
200          (1) As used in this section:
201          (a) "Association" means the same as that term is defined in Section 53G-7-1101.
202          (b) "Extracurricular activity" means the same as that term is defined in Section
203     53G-7-501.
204          (c) "Initial establishment of eligibility requirements" means the same as that term is
205     defined in Section 53G-6-703.
206          [(1)] (2) A charter school student is eligible to participate in an extracurricular activity
207     not offered by the student's charter school at:
208          (a) the school [within whose] with attendance boundaries within which the student's
209     custodial parent resides, if, for an interscholastic competition of athletic teams, the student did
210     not initially establish the student's eligibility at another public school in grade 9 or 10;
211          (b) the public school from which the student withdrew for the purpose of attending a
212     charter school; or
213          (c) a public school that is not a charter school if the student's charter school is located
214     on the campus of the public school or has local school board approval to locate on the campus
215     of the public school.
216          [(2)] (3) In addition to the public schools listed in Subsection [(1),] (2), the state board
217     may establish rules to allow a charter school student to participate in an extracurricular activity
218     at a public school other than a public school listed in Subsection [(1).] (2).
219          [(3)] (4) A school other than a school described in Subsection [(1)(a), (b), or (c)] (2)
220     may allow a charter school student to participate in [extracurricular activities other than:] an
221     extracurricular activity a public school sponsors and supports if:
222          (a) for interschool competitions of athletic teams [sponsored and supported by a public
223     school; or], the charter school student meets the initial establishment of eligibility
224     requirements;
225          (b) for interschool contests or competitions for music, drama, or forensic groups or
226     teams [sponsored and supported by a public school.], the charter school student meets the entry
227     requirements for participation;
228          (c) the charter school student meets the eligibility requirements under this section; and
229          (d) the charter school student meets the enrollment requirements for public school in
230     accordance with Part 4, School District Enrollment.
231          [(4)] (5) A charter school student is eligible for an extracurricular [activities] activity at
232     a public school consistent with eligibility standards as applied to full-time students of the
233     public school.
234          [(5)] (6) A school district or a public school may not impose additional requirements
235     on a charter school student to participate in an extracurricular [activities] activity that are not
236     imposed on full-time students of the public school.
237          [(6)] (7) (a) The state board shall make rules establishing fees for charter school
238     students' participation in an extracurricular [activities] activity at school district schools.
239          (b) The rules shall provide that:
240          (i) charter school students pay the same fees as other students to participate in an
241     extracurricular [activities] activity;
242          (ii) charter school students are eligible for fee waivers pursuant to Section 53G-7-504;
243          (iii) for each charter school student who participates in an extracurricular activity at a
244     school district school, the charter school shall pay a share of the school district's costs for the
245     extracurricular activity; and
246          (iv) a charter school's share of the costs of an extracurricular activity shall reflect state
247     and local tax revenues expended, except capital facilities expenditures, for an extracurricular
248     activity in a school district or a school divided by total student enrollment of the school district
249     or the school.
250          (c) In determining a charter school's share of the costs of an extracurricular activity
251     under Subsections [(6)(b)(iii) and (iv)] (7)(b)(iii) and (iv), the state board may establish
252     uniform fees statewide based on average costs statewide or average costs within a sample of
253     school districts.
254          [(7)] (8) When selection to participate in an extracurricular activity at a public school is
255     made on a competitive basis, a charter school student is eligible to try out for and participate in
256     the activity as provided in this section.
257          Section 3. Section 53G-6-705 is amended to read:
258          53G-6-705. Online students' participation in extracurricular activities.
259          (1) As used in this section:
260          (a) "Association" means the same as that term is defined in Section 53G-7-1101.
261          (b) "Extracurricular activity" means the same as that term is defined in Section
262     53G-7-501.
263          (c) "Initial establishment of eligibility requirements" means the same as that term is
264     defined in Section 53G-6-703.
265          [(a)] (d) "Online education" means the use of information and communication
266     technologies to deliver educational opportunities to a student in a location other than a school.
267          [(b)] (e) "Online student" means a student who:
268          (i) participates in an online education program sponsored or supported by the state
269     board, a school district, or a charter school; and
270          (ii) generates funding for the school district or the school pursuant to Subsection
271     53F-2-102(4) and rules of the state board.
272          (2) An online student is eligible to participate in an extracurricular [activities] activity
273     at:
274          (a) the school [within whose] with attendance boundaries within which the student's
275     custodial parent resides, if, for an interscholastic competition of athletic teams, the student did
276     not initially establish the student's eligibility at another public school in grade 9 or 10; or
277          (b) the public school from which the student withdrew for the purpose of participating
278     in an online education program.
279          (3) A public school other than a school described in Subsection [(2)(a) or (b)] (2) may
280     allow an online student to participate in an extracurricular [activities other than] activity that
281     the public school sponsors and supports if:
282          (a) for interschool competitions of athletic teams sponsored and supported by a public
283     school[; or], the online school student meets the initial establishment of eligibility
284     requirements;
285          (b) for interschool contests or competitions for music, drama, or forensic groups or
286     teams sponsored and supported by a public school[.], the online school student meets the entry
287     requirements for participation;
288          (c) the online school student meets the eligibility requirements under this section; and
289          (d) the online school student meets the enrollment requirements for public school in
290     accordance with Part 4, School District Enrollment.
291          (4) An online student is eligible [for] to participate in an extracurricular [activities]
292     activity at a public school consistent with eligibility standards as applied to full-time students
293     of the public school.
294          (5) A school district or public school may not impose additional requirements on an
295     online school student to participate in an extracurricular [activities] activity that are not
296     imposed on full-time students of the public school.
297          (6) (a) The state board shall make rules establishing fees for an online school student's
298     participation in an extracurricular [activities] activity at school district schools.
299          (b) The rules shall provide that:
300          (i) online school students pay the same fees as other students to participate in an
301     extracurricular [activities] activity;
302          (ii) online school students are eligible for fee waivers pursuant to Section 53G-7-504;
303          (iii) for each online school student who participates in an extracurricular activity at a
304     school district school, the online school shall pay a share of the school district's costs for the
305     extracurricular activity; and
306          (iv) an online school's share of the costs of an extracurricular activity shall reflect state
307     and local tax revenues expended, except capital facilities expenditures, for an extracurricular
308     activity in a school district or school divided by total student enrollment of the school district
309     or school.
310          (c) In determining an online school's share of the costs of an extracurricular activity
311     under Subsections (6)(b)(iii) and (iv), the state board may establish uniform fees statewide
312     based on average costs statewide or average costs within a sample of school districts.
313          (7) When selection to participate in an extracurricular activity at a public school is
314     made on a competitive basis, an online student is eligible to try out for and participate in the
315     activity as provided in this section.
316          Section 4. Section 53G-6-1001 is amended to read:
317          53G-6-1001. Definitions.
318          As used in this part:
319          (1) "Athletic association" means an association, as that term is defined in Section
320     53G-7-1101.
321          (2) "Birth certificate" means an official record of an individual's date of birth, place of
322     birth, sex, and parentage, including a supplementary certificate of birth or birth certificate
323     amendment and amendment history as provided in Sections 26-2-10 and 26-2-11.
324          [(2)] (3) "Commission" means the School Activity Eligibility Commission created in
325     Section 53G-6-1003.
326          (4) "Does not correspond with the sex designation" means that a student's sex
327     designation for an interscholastic activity in which a student seeks participation does not
328     correspond with the sex designation on the student's birth certificate or an amendment,
329     including the amendment history, to the student's birth certificate that the Division of Vital
330     Records and Statistics provides.
331          [(3)] (5) "Female-designated" means that an interscholastic activity is designated
332     specifically for female students.
333          [(4)] (6) "Gender-designated" means that an interscholastic activity or facility is
334     designated specifically for female or male students.
335          [(5)] (7) "Gender identity" means the same as that term is defined in Section
336     34A-5-102.
337          [(6)] (8) "Interscholastic activity" means an activity in which a student represents the
338     student's school in the activity in competition against another school.
339          [(7)] (9) "Male-designated" means that an interscholastic activity is designated
340     specifically for male students.
341          [(8)] (10) "Student" means a student who is enrolled in a public school that participates
342     in interscholastic activities.
343          Section 5. Section 53G-7-1102 is amended to read:
344          53G-7-1102. Public schools prohibited from membership.
345          (1) A public school may not be a member of or pay dues to an association that:
346          (a) is not in compliance [on or after July 1, 2017,] with:
347          [(a)] (i) this part;
348          [(b)] (ii) Title 52, Chapter 4, Open and Public Meetings Act;
349          [(c)] (iii) Title 63G, Chapter 2, Government Records Access and Management Act; and
350          [(d)] (iv) Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act[.];
351          (b) does not collect each student's birth certificate, as that term is defined in Section
352     53G-6-1001, or equivalent documentation, as described in Subsection (2), to determine
353     eligibility as a condition of the association's registration process for an athletic team, event, or
354     category; or
355          (c) does not require a student to provide the athlete's date of birth and sex as a
356     condition of the registration process for an athletic team, event, or category.
357          (2) Except as provided in Subsection (3), for a student who is homeless or not a United
358     States citizen and who is unable to provide a birth certificate, the association may collect the
359     student's:
360          (a) state-issued identification document, including a driver's license or passport; or
361          (b) federally recognized identification document, including a document that the
362     Department of Homeland Security issues.
363          (3) Subsection (1)(b) or (2) do not apply to an association for a student who is a
364     homeless child or youth, as defined in the McKinney-Vento Homeless Assistance Act, 42
365     U.S.C. Sec. 11431 et seq.
366          (4) Nothing in this section limits or impairs an LEA's requirement to verify a student's
367     initial review of eligibility to participate in an athletic team, event, or category under applicable
368     state or federal law or state board rule, including the student's:
369          (a) residency status;
370          (b) age;
371          (c) sex, verified by the student's birth certificate as that term is defined in Section
372     53G-6-1001;
373          (d) academic requirements; or
374          (e) school enrollment capacity.
375          [(2)] (5) Unless otherwise specified, an association's compliance with or an association
376     employee or officer's compliance with the provisions described in Subsection (1) does not alter:
377          (a) the association's public or private status; or
378          (b) the public or private employment status of the employee or officer.