53A-11-102.6 - Private school and home school students' participation in extracurricular activities in a public school.
53A-11-102.6. Private school and home school students' participation inextracurricular activities in a public school.
(1) As used in this section:
(a) "Academic eligibility requirements" means the academic eligibility requirements thata home school student is required to meet to participate in an extracurricular activity in a publicschool.
(b) "Principal" means the principal of the school in which a home school studentparticipates or intends to participate in an extracurricular activity.
(2) (a) A minor who is enrolled in a private school or a home school shall be eligible toparticipate in an extracurricular activity at a public school as provided in this section.
(b) A private school student may only participate in an extracurricular activity at a publicschool that is not offered by the student's private school.
(c) Except as provided in Subsection (2)(d), a private school student or a home schoolstudent may only participate in an extracurricular activity at:
(i) the school within whose attendance boundaries the student's custodial parent or legalguardian resides; or
(ii) the school from which the student withdrew for the purpose of attending a private orhome school.
(d) A school other than a school described in Subsection (2)(c)(i) or (ii) may allow aprivate school student or a home school student to participate in an extracurricular activity otherthan:
(i) an interscholastic competition of athletic teams sponsored and supported by a publicschool; or
(ii) an interscholastic contest or competition for music, drama, or forensic groups orteams sponsored and supported by a public school.
(3) (a) Except as provided in Subsections (4) through (13), a private school or homeschool student shall be eligible to participate in an extracurricular activity at a public schoolconsistent with eligibility standards:
(i) applied to a fully enrolled public school student;
(ii) of the public school where the private school or home school student participates inan extracurricular activity; and
(iii) for the extracurricular activity in which the private school or home school studentparticipates.
(b) A school district or public school may not impose additional requirements on aprivate school or home school student to participate in an extracurricular activity that are notimposed on a fully enrolled public school student.
(c) (i) A private school or home school student who participates in an extracurricularactivity at a public school shall pay the same fees as required of a fully enrolled public schoolstudent to participate in an extracurricular activity.
(ii) If a local school board or charter school governing board imposes a mandatorystudent activity fee for a student enrolled in a public school, the fee may be imposed on a privateschool or home school student who participates in an extracurricular activity at the public schoolif the same benefits of paying the mandatory student activity fee that are available to a fullyenrolled public school student are available to a private school or home school student whoparticipates in an extracurricular activity at the public school.
(4) Eligibility requirements based on school attendance are not applicable to a homeschool student.
(5) A home school student meets academic eligibility requirements to participate in anextracurricular activity if:
(a) the student is mastering the material in each course or subject being taught; and
(b) the student is maintaining satisfactory progress towards achievement or promotion.
(6) (a) To establish a home school student's academic eligibility, a parent, teacher, ororganization providing instruction to the student shall submit an affidavit to the principalindicating the student meets academic eligibility requirements.
(b) Upon submission of an affidavit pursuant to Subsection (6)(a), a home school studentshall:
(i) be considered to meet academic eligibility requirements; and
(ii) retain academic eligibility for all extracurricular activities during the activity seasonfor which the affidavit is submitted, until:
(A) a panel established under Subsection (10) determines the home school student doesnot meet academic eligibility requirements; or
(B) the person who submitted the affidavit under Subsection (6)(a) provides writtennotice to the school principal that the student no longer meets academic eligibility requirements.
(7) (a) A home school student who loses academic eligibility pursuant to Subsection(6)(b)(ii)(B) may not participate in an extracurricular activity until the person who submitted theaffidavit under Subsection (6)(a) provides written notice to the school principal that the homeschool student has reestablished academic eligibility.
(b) If a home school student reestablishes academic eligibility pursuant to Subsection(7)(a), the home school student may participate in extracurricular activities for the remainder ofthe activity season for which an affidavit was submitted under Subsection (6)(a).
(8) A person who has probable cause to believe a home school student does not meetacademic eligibility requirements may submit an affidavit to the principal:
(a) asserting the home student does not meet academic eligibility requirements; and
(b) providing information indicating that the home school student does not meet theacademic eligibility requirements.
(9) A principal shall review the affidavit submitted under Subsection (8), and if theprincipal determines it contains information which constitutes probable cause to believe a homeschool student may not meet academic eligibility requirements, the principal shall request a panelestablished pursuant to Subsection (10) to verify the student's compliance with academiceligibility requirements.
(10) (a) A school district superintendent shall:
(i) appoint a panel of three individuals to verify a home school student's compliance withacademic eligibility requirements when requested by a principal pursuant to Subsection (9); and
(ii) select the panel members from nominees submitted by national, state, or regionalorganizations whose members are home school students and parents.
(b) Of the members appointed to a panel under Subsection (10)(a):
(i) one member shall have experience teaching in a public school as a licensed teacherand in home schooling high school-age students;
(ii) one member shall have experience teaching in a higher education institution and inhome schooling; and
(iii) one member shall have experience in home schooling high school-age students.
(11) A panel appointed under Subsection (10):
(a) shall review the affidavit submitted under Subsection (8);
(b) may confer with the person who submitted the affidavit under Subsection (8);
(c) shall request the home school student to submit test scores or a portfolio of workdocumenting the student's academic achievement to the panel;
(d) shall review the test scores or portfolio of work; and
(e) shall determine whether the home school student meets academic eligibilityrequirements.
(12) A home school student who meets academic eligibility requirements pursuant toSubsection (11), retains academic eligibility for all extracurricular activities during the activityseason for which an affidavit is submitted pursuant to Subsection (6).
(13) (a) A panel's determination that a home school student does not comply withacademic eligibility requirements is effective for an activity season and all extracurricularactivities that have academic eligibility requirements.
(b) A home school student who is not in compliance with academic eligibilityrequirements as determined by a panel appointed under Subsection (11) may seek to establishacademic eligibility under this section for the next activity season.
(14) (a) A public school student who has been declared to be academically ineligible toparticipate in an extracurricular activity and who subsequently enrolls in a home school shall loseeligibility for participation in the extracurricular activity until the student:
(i) demonstrates academic eligibility by providing test results or a portfolio of thestudent's work to the school principal, provided that a student may not reestablish academiceligibility under this Subsection (14)(a) during the same activity season in which the student wasdeclared to be academically ineligible;
(ii) returns to public school and reestablishes academic eligibility; or
(iii) enrolls in a private school and establishes academic eligibility.
(b) A public school student who has been declared to be behaviorally ineligible toparticipate in an extracurricular activity and who subsequently enrolls in a home school shall loseeligibility for participation in the extracurricular activity until the student meets eligibilitystandards as provided in Subsection (3).
(15) When selection to participate in an extracurricular activity at a public school is madeon a competitive basis, a private school student and a home school student shall be eligible to tryout for and participate in the activity as provided in this section.
(16) (a) If a student exits a public school to enroll in a private or home schoolmid-semester or during an activity season, and the student desires to participate in anextracurricular activity at the public school, the public school shall issue an interim academicassessment based on the student's work in each class.
(b) A student's academic eligibility to participate in an extracurricular activity under thecircumstances described in Subsection (16)(a) shall be based on the student meeting publicschool academic eligibility standards at the time of exiting public school.
(c) A student may appeal an academic eligibility determination made under Subsection(16)(b) in accordance with procedures for appealing a public school student's academiceligibility.
Enacted by Chapter 210, 2010 General Session