H.B. 209 Participation in Extracurricular Activities Amendments
| Bill Sponsor:  Rep. Teuscher, Jordan D. | Floor Sponsor:  Sen. Fillmore, Lincoln |
- Substitute Sponsor: Sen. Fillmore, Lincoln
- Drafting Attorney: Rhonda Bailey
- Fiscal Analyst: Andrew Talleh
- Bill Tracking
- Bill Text
- Introduced
- Enrolled (Currently Displayed)
- Introduced
- Other Versions
- Related Documents
- Information
- Last Action: 17 Mar 2023, Governor Signed
- Last Location: Lieutenant Governor's office for filing
- Effective Date: 3 May 2023
- Session Law Chapter: 340
- Sections Affected
Enrolled
Printer FriendlyH.B. 209
1 PARTICIPATION IN EXTRACURRICULAR ACTIVITIES
2AMENDMENTS
32023 GENERAL SESSION
4STATE OF UTAH
5Chief Sponsor: Jordan D. Teuscher
6Senate 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
76public 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
223school; 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.
2
3
4
5
6
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 [
55 [
56 [
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 [
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 [
66 student's custodial parent resides; or
67 [
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) [
73 private school student or a home school student to participate in an extracurricular activity
74 [
75 (i) for an interscholastic competition of athletic teams [
76
77 establishment of eligibility requirements;
78 (ii) for an interscholastic contest or competition for music, drama, or forensic groups or
79 teams [
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 [
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 [
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) [
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 [
207 not offered by the student's charter school at:
208 (a) the school [
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 [
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 [
219 [
220 may allow a charter school student to participate in [
221 extracurricular activity a public school sponsors and supports if:
222 (a) for interschool competitions of athletic teams [
223
224 requirements;
225 (b) for interschool contests or competitions for music, drama, or forensic groups or
226 teams [
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 [
232 a public school consistent with eligibility standards as applied to full-time students of the
233 public school.
234 [
235 on a charter school student to participate in an extracurricular [
236 imposed on full-time students of the public school.
237 [
238 students' participation in an extracurricular [
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 [
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 [
252 uniform fees statewide based on average costs statewide or average costs within a sample of
253 school districts.
254 [
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 [
266 technologies to deliver educational opportunities to a student in a location other than a school.
267 [
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 [
273 at:
274 (a) the school [
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 [
280 allow an online student to participate in an extracurricular [
281 the public school sponsors and supports if:
282 (a) for interschool competitions of athletic teams sponsored and supported by a public
283 school[
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[
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 [
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 [
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 [
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 [
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 [
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 [
332 specifically for female students.
333 [
334 designated specifically for female or male students.
335 [
336 34A-5-102.
337 [
338 student's school in the activity in competition against another school.
339 [
340 specifically for male students.
341 [
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 [
347 [
348 [
349 [
350 [
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 [
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.
Bill Status / Votes
• Senate Actions • House Actions • Fiscal Actions • Other Actions
| Date | Action | Location | Vote |
| 1/12/2023 | Bill Numbered but not Distributed | Legislative Research and General Counsel | |
| 1/12/2023 | Numbered Bill Publicly Distributed | Legislative Research and General Counsel | |
| 1/17/2023 | House/ received bill from Legislative Research | Clerk of the House | |
| 1/17/2023 | House/ received fiscal note from Fiscal Analyst | Clerk of the House | |
| 1/17/2023 | House/ 1st reading (Introduced) | House Rules Committee | |
| 1/23/2023 | House/ to standing committee | House Education Committee | |
| 1/27/2023 | House Comm - Substitute Recommendation from # 0 to # 1 | House Education Committee | 13 0 3 |
| 1/27/2023 | House Comm - Favorable Recommendation | House Education Committee | 12 1 3 |
| 1/30/2023 (11:14:10 AM) | House/ comm rpt/ substituted | House Education Committee | |
| 1/30/2023 (11:14:11 AM) | House/ 2nd reading | House 3rd Reading Calendar for House bills | |
| 2/1/2023 | House/ to Printing with fiscal note | House 3rd Reading Calendar for House bills | |
| 2/2/2023 (11:43:47 AM) | House/ 3rd reading | House 3rd Reading Calendar for House bills | |
| 2/2/2023 (11:44:23 AM) | House/ substituted from # 1 to # 2 | House 3rd Reading Calendar for House bills | Voice vote |
| 2/2/2023 (12:04:27 PM) | House/ passed 3rd reading | Senate Secretary | 57 16 2 |
| 2/2/2023 | House/ to Senate | Senate Secretary | |
| 2/2/2023 | Senate/ received from House | Waiting for Introduction in the Senate | |
| 2/2/2023 | Senate/ 1st reading (Introduced) | Senate Rules Committee | |
| 2/3/2023 | Senate/ to standing committee | Senate Education Committee | |
| 2/10/2023 | Senate Comm - Substitute Recommendation from # 2 to # 3 | Senate Education Committee | 5 0 4 |
| 2/10/2023 | Senate Comm - Favorable Recommendation | Senate Education Committee | 5 0 4 |
| 2/13/2023 (10:21:44 AM) | Senate/ comm rpt/ substituted | Senate Education Committee | |
| 2/13/2023 (10:21:45 AM) | Senate/ placed on 2nd Reading Calendar | Senate 2nd Reading Calendar | |
| 2/15/2023 (3:07:00 PM) | Senate/ 2nd reading | Senate 2nd Reading Calendar | |
| 2/15/2023 (3:07:27 PM) | Senate/ circled | Senate 2nd Reading Calendar | Voice vote |
| 2/23/2023 (3:39:28 PM) | Senate/ uncircled | Senate 2nd Reading Calendar | Voice vote |
| 2/23/2023 (3:40:05 PM) | Senate/ substituted from # 3 to # 5 | Senate 2nd Reading Calendar | Voice vote |
| 2/23/2023 (3:42:33 PM) | Senate/ passed 2nd reading | Senate 3rd Reading Calendar | 24 0 5 |
| 2/23/2023 (3:56:20 PM) | Senate/ placed on 3rd Reading Calendar table | Senate 3rd Reading Calendar Table | |
| 2/27/2023 | Senate/ placed back on 3rd Reading Calendar | Senate 3rd Reading Calendar | |
| 2/28/2023 (10:17:51 AM) | Senate/ 3rd reading | Senate 3rd Reading Calendar | |
| 2/28/2023 (10:18:13 AM) | Senate/ circled | Senate 3rd Reading Calendar | Voice vote |
| 2/28/2023 | House/ to Printing with fiscal note | Senate 3rd Reading Calendar | |
| 2/28/2023 (4:16:37 PM) | Senate/ uncircled | Senate 3rd Reading Calendar | Voice vote |
| 2/28/2023 (4:17:21 PM) | Senate/ substituted from # 5 to # 6 | Senate 3rd Reading Calendar | Voice vote |
| 2/28/2023 (4:17:30 PM) | Senate/ circled | Senate 3rd Reading Calendar | Voice vote |
| 2/28/2023 | Senate/ 3nd Reading Calendar to Rules | Senate Rules Committee | |
| 3/2/2023 | Senate/ Rules to 2nd Reading Calendar | Senate 2nd Reading Calendar | |
| 3/2/2023 (6:35:42 PM) | Senate/ placed on 2nd Reading Calendar | Senate 2nd Reading Calendar | |
| 3/3/2023 | Senate/ 2nd & 3rd readings/ suspension | Senate 2nd Reading Calendar | |
| 3/3/2023 (11:34:52 AM) | Senate/ passed 2nd & 3rd readings/ suspension | Clerk of the House | 22 0 7 |
| 3/3/2023 (11:34:53 AM) | Senate/ to House with amendments | Clerk of the House | |
| 3/3/2023 (2:04:14 PM) | House/ received from Senate | Clerk of the House | |
| 3/3/2023 (2:04:15 PM) | House/ placed on Concurrence Calendar | House Concurrence Calendar | |
| 3/3/2023 (4:30:25 PM) | House/ concurs with Senate amendment | Senate President | 70 0 5 |
| 3/3/2023 (4:30:26 PM) | House/ to Senate | Senate President | |
| 3/3/2023 | Senate/ received from House | Senate President | |
| 3/3/2023 | Senate/ signed by President/ returned to House | House Speaker | |
| 3/3/2023 | Senate/ to House | House Speaker | |
| 3/3/2023 | House/ received from Senate | House Speaker | |
| 3/3/2023 | House/ signed by Speaker/ sent for enrolling | Legislative Research and General Counsel / Enrolling | |
| 3/6/2023 | Bill Received from House for Enrolling | Legislative Research and General Counsel / Enrolling | |
| 3/6/2023 | Draft of Enrolled Bill Prepared | Legislative Research and General Counsel / Enrolling | |
| 3/10/2023 | Enrolled Bill Returned to House or Senate | Clerk of the House | |
| 3/10/2023 | House/ enrolled bill to Printing | Clerk of the House | |
| 3/13/2023 | House/ received enrolled bill from Printing | Clerk of the House | |
| 3/13/2023 | House/ to Governor | Executive Branch - Governor | |
| 3/17/2023 | Governor Signed | Lieutenant Governor's office for filing |
Committee Hearings/Floor Debate
- Committee Hearings
- Floor Debates
- House Floor Audio, Day 17 (2/2/2023) [HB209 Participation in Extracurricular Activities Amendments, Teuscher]
- Senate Floor Audio, Day 30 (2/15/2023) [3HB209 Participation in Extracurricular Activities Amendments, Fillmore]
- Senate Floor Audio, Day 37 (2/23/2023) [3HB209 Participation in Extracurricular Activities Amendments, Fillmore]
- Senate Floor Audio, Day 37 (2/23/2023) [5HB209 Participation in Extracurricular Activities Amendments, Fillmore]
- Senate Floor Audio, Day 42 (2/28/2023) [5HB209 Participation in Extracurricular Activities Amendments, Fillmore]
- Senate Floor Audio, Day 42 (2/28/2023) [5HB209 Participation in Extracurricular Activities Amendments, Fillmore]
- Senate Floor Audio, Day 42 (2/28/2023) [6HB209 Participation in Extracurricular Activities Amendments, Fillmore]
- Senate Floor Audio, Day 45 (3/3/2023) [6HB209 Participation in Extracurricular Activities Amendments, Fillmore]
- House Floor Audio, Day 45 (3/3/2023) [HB209 Participation in Extracurricular Activities Amendments, Teuscher]