Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 209 Sixth Substitute (2023GS)

Sponsor

Rep. Teuscher, J.

Final action

Governor Signed 3/17/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• allows a private school student, a home school student, a charter school student, or an online school student to participate in extracurricular activities outside of the student's public school of residence under certain circumstances; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

PARTICIPATION IN EXTRACURRICULAR ACTIVITIES
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jordan D. Teuscher
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill provides students attending private school, home school, charter school, and
online school a process for requesting participation in extracurricular activities outside
of the student's school of residence.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ allows a private school student, a home school student, a charter school student, or
an online school student to participate in extracurricular activities outside of the
student's public school of residence under certain circumstances; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53G-6-703
, as last amended by Laws of Utah 2019, Chapter 293
53G-6-704
, as last amended by Laws of Utah 2019, Chapter 293
53G-6-705
, as last amended by Laws of Utah 2019, Chapter 293
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53G-6-703
 is amended to read:
53G-6-703.
Private school and home school students' participation in
extracurricular activities in a public school.
(1) As used in this section:
(a) "Academic eligibility requirements" means the academic eligibility requirements
that a home school student is required to meet to participate in an extracurricular activity in a
public school.
(b) "Extracurricular activity" means the same as that term is defined in Section
53G-7-501
.
[
(b)
] 
(c)
 "Minor" means the same as that term is defined in Section 
53G-6-201
.
[
(c)
] 
(d)
 "Parent" means the same as that term is defined in Section 
53G-6-201
.
[
(d)
] 
(e)
 "Principal" means the principal of the school in which a home school student
participates 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 to
participate 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
public school 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 school
student may only participate in an extracurricular activity at:
(i) the school [
within whose
] 
with
 attendance boundaries 
within which
 the student's
custodial parent resides; or
(ii) the school from which the student withdrew for the purpose of attending a private
or home school.
(d) A school other than a school described in Subsection (2)(c)(i) or (ii) may allow a
private school student or a home school student to participate in an extracurricular activity
[
other than:
] 
that the public school sponsors and supports if:
[
(i) an interscholastic competition of athletic teams sponsored and supported by a
public school; or
]
[
(ii) an interscholastic contest or competition for music, drama, or forensic groups or
teams sponsored and supported by a public school
].
(i) the private school student, subject to Subsection (2)(b), or the home school student
receives permission to participate in the extracurricular activity from the principals of:
(A) a public school described in Subsection (2)(c)(i) or (ii); and
(B) the public school in which the private school student or the home school student
intends to participate in the extracurricular activity; and
(ii) the private school student or the home school student meets the eligibility
requirements under this section.
(3) (a) Except as provided in Subsections (4) through (13), a private school 
student
 or 
a
home school student shall be eligible to participate in an extracurricular activity at a public
school consistent with eligibility standards:
(i) applied to a fully enrolled public school student;
(ii) of the public school where the private school 
student
 or 
the
 home school student
participates in an extracurricular activity; and
(iii) for the extracurricular activity in which the private school or 
the
 home school
student participates.
(b) A school district or public school may not impose additional requirements on a
private school 
student
 or 
a
 home school student to participate in an extracurricular activity that
are not imposed on a fully enrolled public school student.
(c) (i) A private school 
student
 or 
a
 home school student who participates in an
extracurricular activity at a public school shall pay the same fees as required of a fully enrolled
public school student to participate in an extracurricular activity.
(ii) If a local school board or 
a
 charter school governing board imposes a mandatory
student activity fee for a student enrolled in a public school, the fee may be imposed on a
private school 
student
 or 
a
 home school student who participates in an extracurricular activity
at the public school if the same benefits of paying the mandatory student activity fee that are
available to a fully enrolled public school student are available to a private school 
student
 or 
a
home school student who participates in an extracurricular activity at the public school.
(4) Eligibility requirements based on school attendance are not applicable to a home
school student.
(5) A home school student meets academic eligibility requirements to participate in an
extracurricular 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, or
organization providing instruction to the student shall submit an affidavit to the principal
indicating the student meets academic eligibility requirements.
(b) Upon submission of an affidavit pursuant to Subsection (6)(a), a home school
student shall:
(i) be considered to meet academic eligibility requirements; and
(ii) retain academic eligibility for all extracurricular activities during the activity season
for which the affidavit is submitted, until:
(A) a panel established under Subsection (10) determines the home school student does
not meet academic eligibility requirements; or
(B) the person who submitted the affidavit under Subsection (6)(a) provides written
notice 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
the affidavit under Subsection (6)(a) provides written notice to the school principal that the
home school 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 of
the 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 meet
academic eligibility requirements may submit an affidavit to the principal:
(a) asserting the home school student does not meet academic eligibility requirements;
and
(b) providing information indicating that the home school student does not meet the
academic eligibility requirements.
(9) A principal shall review the affidavit submitted under Subsection (8), and if the
principal determines it contains information which constitutes probable cause to believe a
home school student may not meet academic eligibility requirements, the principal shall
request a panel established pursuant to Subsection (10) to verify the student's compliance with
academic eligibility requirements.
(10) (a) A school district superintendent shall:
(i) appoint a panel of three individuals to verify a home school student's compliance
with academic eligibility requirements when requested by a principal pursuant to Subsection
(9); and
(ii) select the panel members from nominees submitted by national, state, or regional
organizations 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 teacher
and in home schooling high school-age students;
(ii) one member shall have experience teaching in a higher education institution and in
home 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 work
documenting 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 eligibility
requirements.
(12) A home school student who meets academic eligibility requirements pursuant to
Subsection (11), retains academic eligibility for all extracurricular activities during the activity
season for which an affidavit is submitted pursuant to Subsection (6).
(13) (a) A panel's determination that a home school student does not comply with
academic eligibility requirements is effective for an activity season and all extracurricular
activities that have academic eligibility requirements.
(b) A home school student who is not in compliance with academic eligibility
requirements as determined by a panel appointed under Subsection (11) may seek to establish
academic eligibility under this section for the next activity season.
(14) (a) A public school student who has been declared to be academically ineligible to
participate in an extracurricular activity and who subsequently enrolls in a home school shall
lose eligibility for participation in the extracurricular activity until the student:
(i) demonstrates academic eligibility by providing test results or a portfolio of the
student's work to the school principal, provided that a student may not reestablish academic
eligibility under this Subsection (14)(a) during the same activity season in which the student
was declared 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 to
participate in an extracurricular activity and who subsequently enrolls in a home school shall
lose eligibility for participation in the extracurricular activity until the student meets eligibility
standards as provided in Subsection (3).
(15) When selection to participate in an extracurricular activity at a public school is
made on a competitive basis, a private school student [
and
] 
or
 a home school student shall be
eligible to try out 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 
school
 or 
a
 home school
mid-semester or during an activity season, and the student desires to participate in an
extracurricular activity at the public school, the public school shall issue an interim academic
assessment based on the student's work in each class.
(b) A student's academic eligibility to participate in an extracurricular activity under
the circumstances described in Subsection (16)(a) shall be based on the student meeting public
school 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 academic
eligibility.
Section 2. Section 
53G-6-704
 is amended to read:
53G-6-704.
Charter school students' participation in extracurricular activities at
other public schools.
(1) A charter school student is eligible to participate in an extracurricular activity not
offered by the student's charter school at:
(a) the school within whose attendance boundaries the student's custodial parent
resides;
(b) the public school from which the student withdrew for the purpose of attending a
charter school; or
(c) a public school that is not a charter school if the student's charter school is located
on the campus of the public school or has local school board approval to locate on the campus
of the public school.
(2) In addition to the public schools listed in Subsection (1), the state board may
establish rules to allow a charter school student to participate in an extracurricular activity at a
public school other than a public school listed in Subsection (1).
(3) A school other than a school described in Subsection (1)(a), (b), or (c) may allow a
charter school student to participate in [
extracurricular activities other than:
] 
an extracurricular
activity a public school sponsors and supports if:
[
(a) interschool competitions of athletic teams sponsored and supported by a public
school; or
]
[
(b) interschool contests or competitions for music, drama, or forensic groups or teams
sponsored and supported by a public school.
]
(a) the charter school student receives permission to participate in the extracurricular
activity from the principals of:
(i) a public school described in Subsection (1)(a), (b), or (c); and
(ii) the public school in which the student intends to participate in the extracurricular
activity; and
(b) the charter school student meets the eligibility requirements under this section.
(4) A charter school student is eligible for 
an
 extracurricular [
activities
] 
activity
 at a
public school consistent with eligibility standards as applied to full-time students of the public
school.
(5) A school district or 
a
 public school may not impose additional requirements on a
charter school student to participate in 
an
 extracurricular [
activities
] 
activity
 that are not
imposed on full-time students of the public school.
(6) (a) The state board shall make rules establishing fees for charter school students'
participation in 
an
 extracurricular [
activities
] 
activity
 at school district schools.
(b) The rules shall provide that:
(i) charter school students pay the same fees as other students to participate in 
an
extracurricular [
activities
] 
activity
;
(ii) charter school students are eligible for fee waivers pursuant to Section 
53G-7-504
;
(iii) for each charter school student who participates in an extracurricular activity at a
school district school, the charter school shall pay a share of the school district's costs for the
extracurricular activity; and
(iv) a charter school's share of the costs of an extracurricular activity shall reflect state
and local tax revenues expended, except capital facilities expenditures, for an extracurricular
activity in a school district or 
a
 school divided by total student enrollment of the school district
or 
the
 school.
(c) In determining a charter school's share of the costs of an extracurricular activity
under Subsections (6)(b)(iii) and (iv), the state board may establish uniform fees statewide
based on average costs statewide or average costs within a sample of school districts.
(7) When selection to participate in an extracurricular activity at a public school is
made on a competitive basis, a charter school student is eligible to try out for and participate in
the activity as provided in this section.
Section 3. Section 
53G-6-705
 is amended to read:
53G-6-705.
Online students' participation in extracurricular activities.
(1) As used in this section:
(a) "Online education" means the use of information and communication technologies
to deliver educational opportunities to a student in a location other than a school.
(b) "Online student" means a student who:
(i) participates in an online education program sponsored or supported by the state
board, a school district, or 
a
 charter school; and
(ii) generates funding for the school district or 
the
 school pursuant to Subsection
53F-2-102
(4) and rules of the state board.
(2) An online student is eligible to participate in 
an
 extracurricular [
activities
] 
activity
at:
(a) the school [
within whose
] 
with
 attendance boundaries 
within which
 the student's
custodial parent resides; or
(b) the public school from which the student withdrew for the purpose of participating
in an online education program.
(3) A 
public
 school other than a school described in Subsection (2)(a) or (b) may allow
an online student to participate in 
an
 extracurricular [
activities other than
] 
activity that the
public school sponsors and supports if
:
[
(a) interschool competitions of athletic teams sponsored and supported by a public
school; or
]
[
(b) interschool contests or competitions for music, drama, or forensic groups or teams
sponsored and supported by a public school.
]
(a) the online school student receives permission to participate in the extracurricular
activity from the principals of:
(i) the public school described in Subsection (2)(a) or (b); and
(ii) the public school in which the online school student intends to participate in the
extracurricular activity; and
(b) the online school student meets the eligibility requirements under this section.
(4) An online student is eligible [
for
] 
to participate in an
 extracurricular [
activities
]
activity
 at a public school consistent with eligibility standards as applied to full-time students
of the public school.
(5) A school district or public school may not impose additional requirements on an
online school student to participate in 
an
 extracurricular [
activities
] 
activity
 that are not
imposed on full-time students of the public school.
(6) (a) The state board shall make rules establishing fees for an online school student's
participation in 
an
 extracurricular [
activities
] 
activity
 at school district schools.
(b) The rules shall provide that:
(i) online school students pay the same fees as other students to participate in 
an
extracurricular [
activities
] 
activity
;
(ii) online school students are eligible for fee waivers pursuant to Section 
53G-7-504
;
(iii) for each online school student who participates in an extracurricular activity at a
school district school, the online school shall pay a share of the school district's costs for the
extracurricular activity; and
(iv) an online school's share of the costs of an extracurricular activity shall reflect state
and local tax revenues expended, except capital facilities expenditures, for an extracurricular
activity in a school district or school divided by total student enrollment of the school district
or school.
(c) In determining an online school's share of the costs of an extracurricular activity
under Subsections (6)(b)(iii) and (iv), the state board may establish uniform fees statewide
based on average costs statewide or average costs within a sample of school districts.
(7) When selection to participate in an extracurricular activity at a public school is
made on a competitive basis, an online student is eligible to try out for and participate in the
activity as provided in this section.