Senator Lincoln Fillmore proposes the following substitute bill:


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          This bill provides a coordination clause.
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     Utah Code Sections Affected by Coordination Clause:
35          53G-6-703, as last amended by Laws of Utah 2019, Chapter 293
36     

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