Text of UT HB 209 (2023)

H.B. 209 LEGISLATIVE GENERAL COUNSEL 6 Approved for Filing: R. Bailey 6 6 01-12-23 3:24 PM 6 H.B. 209 1 PARTICIPATION IN EXTRACURRICULAR ACTIVITIES 2 AMENDMENTS 3 2023 GENERAL SESSION 4 STATE OF UTAH 5 Chief Sponsor: Jordan D. Teuscher 6 Senate Sponsor: ____________ 7 8 LONG TITLE 9 General Description: 10 This bill provides students attending private school, home school, charter school, and 11 online school a process for requesting participation in extracurricular activities outside 12 of the student's school of residence. 13 Highlighted Provisions: 14 This bill: 15 < defines terms; 16 < allows a private school student, a home school student, a charter school student, or 17 an online school student to participate in extracurricular activities outside of the 18 student's public school of residence under certain circumstances; and 19 < makes technical and conforming changes. 20 Money Appropriated in this Bill: 21 None 22 Other Special Clauses: 23 None 24 Utah Code Sections Affected: 25 AMENDS: 26 53G-6-703, as last amended by Laws of Utah 2019, Chapter 293 27 53G-6-704, as last amended by Laws of Utah 2019, Chapter 293 *HB0209* H.B. 209 01-12-23 3:24 PM - 2 - 28 53G-6-705, as last amended by Laws of Utah 2019, Chapter 293 29 30 Be it enacted by the Legislature of the state of Utah: 31 Section 1. Section 53G-6-703 is amended to read: 32 53G-6-703. Private school and home school students' participation in 33 extracurricular activities in a public school. 34 (1) As used in this section: 35 (a) "Academic eligibility requirements" means the academic eligibility requirements 36 that a home school student is required to meet to participate in an extracurricular activity in a 37 public school. 38 (b) "Extracurricular activity" means the same as that term is defined in Section 39 53G-7-501. 40 [(b)] (c) "Minor" means the same as that term is defined in Section 53G-6-201. 41 [(c)] (d) "Parent" means the same as that term is defined in Section 53G-6-201. 42 [(d)] (e) "Principal" means the principal of the school in which a home school student 43 participates or intends to participate in an extracurricular activity. 44 (2) (a) A minor who is enrolled in a private school or a home school shall be eligible to 45 participate in an extracurricular activity at a public school as provided in this section. 46 (b) A private school student may only participate in an extracurricular activity at a 47 public school that is not offered by the student's private school. 48 (c) Except as provided in Subsection (2)(d), a private school student or a home school 49 student may only participate in an extracurricular activity at: 50 (i) the school [within whose] with attendance boundaries within which the student's 51 custodial parent resides; or 52 (ii) the school from which the student withdrew for the purpose of attending a private 53 or home school. 54 (d) A school other than a school described in Subsection (2)(c)(i) or (ii) may allow a 55 private school student or a home school student to participate in an extracurricular activity 56 [other than:] that the public school sponsors and supports if: 57 [(i) an interscholastic competition of athletic teams sponsored and supported by a 58 public school; or] 01-12-23 3:24 PM H.B. 209 - 3 - 59 [(ii) an interscholastic contest or competition for music, drama, or forensic groups or 60 teams sponsored and supported by a public school]. 61 (i) the private school student, subject to Subsection (2)(b), or the home school student 62 receives permission to participate in the extracurricular activity from the principals of: 63 (A) a public school described in Subsection (2)(c)(i) or (ii); and 64 (B) the public school in which the private school student or the home school student 65 intends to participate in the extracurricular activity; and 66 (ii) the private school student or the home school student meets the eligibility 67 requirements under this section. 68 (3) (a) Except as provided in Subsections (4) through (13), a private school student or a 69 home school student shall be eligible to participate in an extracurricular activity at a public 70 school consistent with eligibility standards: 71 (i) applied to a fully enrolled public school student; 72 (ii) of the public school where the private school student or the home school student 73 participates in an extracurricular activity; and 74 (iii) for the extracurricular activity in which the private school or the home school 75 student participates. 76 (b) A school district or public school may not impose additional requirements on a 77 private school student or a home school student to participate in an extracurricular activity that 78 are not imposed on a fully enrolled public school student. 79 (c) (i) A private school student or a home school student who participates in an 80 extracurricular activity at a public school shall pay the same fees as required of a fully enrolled 81 public school student to participate in an extracurricular activity. 82 (ii) If a local school board or a charter school governing board imposes a mandatory 83 student activity fee for a student enrolled in a public school, the fee may be imposed on a 84 private school student or a home school student who participates in an extracurricular activity 85 at the public school if the same benefits of paying the mandatory student activity fee that are 86 available to a fully enrolled public school student are available to a private school student or a 87 home school student who participates in an extracurricular activity at the public school. 88 (4) Eligibility requirements based on school attendance are not applicable to a home 89 school student. H.B. 209 01-12-23 3:24 PM - 4 - 90 (5) A home school student meets academic eligibility requirements to participate in an 91 extracurricular activity if: 92 (a) the student is mastering the material in each course or subject being taught; and 93 (b) the student is maintaining satisfactory progress towards achievement or promotion. 94 (6) (a) To establish a home school student's academic eligibility, a parent, teacher, or 95 organization providing instruction to the student shall submit an affidavit to the principal 96 indicating the student meets academic eligibility requirements. 97 (b) Upon submission of an affidavit pursuant to Subsection (6)(a), a home school 98 student shall: 99 (i) be considered to meet academic eligibility requirements; and 100 (ii) retain academic eligibility for all extracurricular activities during the activity season 101 for which the affidavit is submitted, until: 102 (A) a panel established under Subsection (10) determines the home school student does 103 not meet academic eligibility requirements; or 104 (B) the person who submitted the affidavit under Subsection (6)(a) provides written 105 notice to the school principal that the student no longer meets academic eligibility 106 requirements. 107 (7) (a) A home school student who loses academic eligibility pursuant to Subsection 108 (6)(b)(ii)(B) may not participate in an extracurricular activity until the person who submitted 109 the affidavit under Subsection (6)(a) provides written notice to the school principal that the 110 home school student has reestablished academic eligibility. 111 (b) If a home school student reestablishes academic eligibility pursuant to Subsection 112 (7)(a), the home school student may participate in extracurricular activities for the remainder of 113 the activity season for which an affidavit was submitted under Subsection (6)(a). 114 (8) A person who has probable cause to believe a home school student does not meet 115 academic eligibility requirements may submit an affidavit to the principal: 116 (a) asserting the home school student does not meet academic eligibility requirements; 117 and 118 (b) providing information indicating that the home school student does not meet the 119 academic eligibility requirements. 120 (9) A principal shall review the affidavit submitted under Subsection (8), and if the 01-12-23 3:24 PM H.B. 209 - 5 - 121 principal determines it contains information which constitutes probable cause to believe a 122 home school student may not meet academic eligibility requirements, the principal shall 123 request a panel established pursuant to Subsection (10) to verify the student's compliance with 124 academic eligibility requirements. 125 (10) (a) A school district superintendent shall: 126 (i) appoint a panel of three individuals to verify a home school student's compliance 127 with academic eligibility requirements when requested by a principal pursuant to Subsection 128 (9); and 129 (ii) select the panel members from nominees submitted by national, state, or regional 130 organizations whose members are home school students and parents. 131 (b) Of the members appointed to a panel under Subsection (10)(a): 132 (i) one member shall have experience teaching in a public school as a licensed teacher 133 and in home schooling high school-age students; 134 (ii) one member shall have experience teaching in a higher education institution and in 135 home schooling; and 136 (iii) one member shall have experience in home schooling high school-age students. 137 (11) A panel appointed under Subsection (10): 138 (a) shall review the affidavit submitted under Subsection (8); 139 (b) may confer with the person who submitted the affidavit under Subsection (8); 140 (c) shall request the home school student to submit test scores or a portfolio of work 141 documenting the student's academic achievement to the panel; 142 (d) shall review the test scores or portfolio of work; and 143 (e) shall determine whether the home school student meets academic eligibility 144 requirements. 145 (12) A home school student who meets academic eligibility requirements pursuant to 146 Subsection (11), retains academic eligibility for all extracurricular activities during the activity 147 season for which an affidavit is submitted pursuant to Subsection (6). 148 (13) (a) A panel's determination that a home school student does not comply with 149 academic eligibility requirements is effective for an activity season and all extracurricular 150 activities that have academic eligibility requirements. 151 (b) A home school student who is not in compliance with academic eligibility H.B. 209 01-12-23 3:24 PM - 6 - 152 requirements as determined by a panel appointed under Subsection (11) may seek to establish 153 academic eligibility under this section for the next activity season. 154 (14) (a) A public school student who has been declared to be academically ineligible to 155 participate in an extracurricular activity and who subsequently enrolls in a home school shall 156 lose eligibility for participation in the extracurricular activity until the student: 157 (i) demonstrates academic eligibility by providing test results or a portfolio of the 158 student's work to the school principal, provided that a student may not reestablish academic 159 eligibility under this Subsection (14)(a) during the same activity season in which the student 160 was declared to be academically ineligible; 161 (ii) returns to public school and reestablishes academic eligibility; or 162 (iii) enrolls in a private school and establishes academic eligibility. 163 (b) A public school student who has been declared to be behaviorally ineligible to 164 participate in an extracurricular activity and who subsequently enrolls in a home school shall 165 lose eligibility for participation in the extracurricular activity until the student meets eligibility 166 standards as provided in Subsection (3). 167 (15) When selection to participate in an extracurricular activity at a public school is 168 made on a competitive basis, a private school student [and] or a home school student shall be 169 eligible to try out for and participate in the activity as provided in this section. 170 (16) (a) If a student exits a public school to enroll in a private school or a home school 171 mid-semester or during an activity season, and the student desires to participate in an 172 extracurricular activity at the public school, the public school shall issue an interim academic 173 assessment based on the student's work in each class. 174 (b) A student's academic eligibility to participate in an extracurricular activity under 175 the circumstances described in Subsection (16)(a) shall be based on the student meeting public 176 school academic eligibility standards at the time of exiting public school. 177 (c) A student may appeal an academic eligibility determination made under Subsection 178 (16)(b) in accordance with procedures for appealing a public school student's academic 179 eligibility. 180 Section 2. Section 53G-6-704 is amended to read: 181 53G-6-704. Charter school students' participation in extracurricular activities at 182 other public schools. 01-12-23 3:24 PM H.B. 209 - 7 - 183 (1) A charter school student is eligible to participate in an extracurricular activity not 184 offered by the student's charter school at: 185 (a) the school within whose attendance boundaries the student's custodial parent 186 resides; 187 (b) the public school from which the student withdrew for the purpose of attending a 188 charter school; or 189 (c) a public school that is not a charter school if the student's charter school is located 190 on the campus of the public school or has local school board approval to locate on the campus 191 of the public school. 192 (2) In addition to the public schools listed in Subsection (1), the state board may 193 establish rules to allow a charter school student to participate in an extracurricular activity at a 194 public school other than a public school listed in Subsection (1). 195 (3) A school other than a school described in Subsection (1)(a), (b), or (c) may allow a 196 charter school student to participate in [extracurricular activities other than:] an extracurricular 197 activity a public school sponsors and supports if: 198 [(a) interschool competitions of athletic teams sponsored and supported by a public 199 school; or] 200 [(b) interschool contests or competitions for music, drama, or forensic groups or teams 201 sponsored and supported by a public school.] 202 (a) the charter school student receives permission to participate in the extracurricular 203 activity from the principals of: 204 (i) a public school described in Subsection (1)(a), (b), or (c); and 205 (ii) the public school in which the student intends to participate in the extracurricular 206 activity; and 207 (b) the charter school student meets the eligibility requirements under this section. 208 (4) A charter school student is eligible for an extracurricular [activities] activity at a 209 public school consistent with eligibility standards as applied to full-time students of the public 210 school. 211 (5) A school district or a public school may not impose additional requirements on a 212 charter school student to participate in an extracurricular [activities] activity that are not 213 imposed on full-time students of the public school. H.B. 209 01-12-23 3:24 PM - 8 - 214 (6) (a) The state board shall make rules establishing fees for charter school students' 215 participation in an extracurricular [activities] activity at school district schools. 216 (b) The rules shall provide that: 217 (i) charter school students pay the same fees as other students to participate in an 218 extracurricular [activities] activity; 219 (ii) charter school students are eligible for fee waivers pursuant to Section 53G-7-504; 220 (iii) for each charter school student who participates in an extracurricular activity at a 221 school district school, the charter school shall pay a share of the school district's costs for the 222 extracurricular activity; and 223 (iv) a charter school's share of the costs of an extracurricular activity shall reflect state 224 and local tax revenues expended, except capital facilities expenditures, for an extracurricular 225 activity in a school district or a school divided by total student enrollment of the school district 226 or the school. 227 (c) In determining a charter school's share of the costs of an extracurricular activity 228 under Subsections (6)(b)(iii) and (iv), the state board may establish uniform fees statewide 229 based on average costs statewide or average costs within a sample of school districts. 230 (7) When selection to participate in an extracurricular activity at a public school is 231 made on a competitive basis, a charter school student is eligible to try out for and participate in 232 the activity as provided in this section. 233 Section 3. Section 53G-6-705 is amended to read: 234 53G-6-705. Online students' participation in extracurricular activities. 235 (1) As used in this section: 236 (a) "Online education" means the use of information and communication technologies 237 to deliver educational opportunities to a student in a location other than a school. 238 (b) "Online student" means a student who: 239 (i) participates in an online education program sponsored or supported by the state 240 board, a school district, or a charter school; and 241 (ii) generates funding for the school district or the school pursuant to Subsection 242 53F-2-102(4) and rules of the state board. 243 (2) An online student is eligible to participate in an extracurricular [activities] activity 244 at: 01-12-23 3:24 PM H.B. 209 - 9 - 245 (a) the school [within whose] with attendance boundaries within which the student's 246 custodial parent resides; or 247 (b) the public school from which the student withdrew for the purpose of participating 248 in an online education program. 249 (3) A public school other than a school described in Subsection (2)(a) or (b) may allow 250 an online student to participate in an extracurricular [activities other than] activity that the 251 public school sponsors and supports if: 252 [(a) interschool competitions of athletic teams sponsored and supported by a public 253 school; or] 254 [(b) interschool contests or competitions for music, drama, or forensic groups or teams 255 sponsored and supported by a public school.] 256 (a) the online school student receives permission to participate in the extracurricular 257 activity from the principals of: 258 (i) the public school described in Subsection (2)(a) or (b); and 259 (ii) the public school in which the online school student intends to participate in the 260 extracurricular activity; and 261 (b) the online school student meets the eligibility requirements under this section. 262 (4) An online student is eligible [for] to participate in an extracurricular [activities] 263 activity at a public school consistent with eligibility standards as applied to full-time students 264 of the public school. 265 (5) A school district or public school may not impose additional requirements on an 266 online school student to participate in an extracurricular [activities] activity that are not 267 imposed on full-time students of the public school. 268 (6) (a) The state board shall make rules establishing fees for an online school student's 269 participation in an extracurricular [activities] activity at school district schools. 270 (b) The rules shall provide that: 271 (i) online school students pay the same fees as other students to participate in an 272 extracurricular [activities] activity; 273 (ii) online school students are eligible for fee waivers pursuant to Section 53G-7-504; 274 (iii) for each online school student who participates in an extracurricular activity at a 275 school district school, the online school shall pay a share of the school district's costs for the H.B. 209 01-12-23 3:24 PM - 10 - 276 extracurricular activity; and 277 (iv) an online school's share of the costs of an extracurricular activity shall reflect state 278 and local tax revenues expended, except capital facilities expenditures, for an extracurricular 279 activity in a school district or school divided by total student enrollment of the school district 280 or school. 281 (c) In determining an online school's share of the costs of an extracurricular activity 282 under Subsections (6)(b)(iii) and (iv), the state board may establish uniform fees statewide 283 based on average costs statewide or average costs within a sample of school districts. 284 (7) When selection to participate in an extracurricular activity at a public school is 285 made on a competitive basis, an online student is eligible to try out for and participate in the 286 activity as provided in this section.

Enrolled Copy H.B. 209 1 PARTICIPATION IN EXTRACURRICULAR ACTIVITIES 2 AMENDMENTS 3 2023 GENERAL SESSION 4 STATE OF UTAH 5 Chief Sponsor: Jordan D. Teuscher 6 Senate Sponsor: Lincoln Fillmore 7 8 LONG TITLE 9 General Description: 10 This bill amends provisions amending student participation in extracurricular activities. 11 Highlighted Provisions: 12 This bill: 13 < defines terms; 14 < allows a private school student, a home school student, a charter school student, or 15 an online school student to participate in extracurricular activities outside of the 16 student's public school of residence under certain circumstances; 17 < prohibits a public school from participation in an athletics association that does not 18 collect a birth certificate or other identifying documents during the registration 19 process; 20 < allows athletes without access to a birth certificate to provide alternative 21 documentation to an athletic association in certain circumstances; and 22 < makes technical and conforming changes. 23 Money Appropriated in this Bill: 24 None 25 Other Special Clauses: 26 None 27 Utah Code Sections Affected: 28 AMENDS: 29 53G-6-703, as last amended by Laws of Utah 2019, Chapter 293 H.B. 209 Enrolled Copy - 2 - 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. Enrolled Copy H.B. 209 - 3 - 58 (2) (a) A minor who is enrolled in a private school or a home school [shall be] is 59 eligible to participate in an extracurricular activity at a public school as provided in this 60 section. 61 (b) A private school student may only participate in an extracurricular activity at a 62 public school that is not offered by the student's private school. 63 (c) (i) Except as provided in Subsection (2)(d), a private school student or a home 64 school student may only participate in an extracurricular activity at: 65 [(i)] (A) the school [within whose] with attendance boundaries within which the 66 student's custodial parent resides; or 67 [(ii)] (B) the school from which the student withdrew for the purpose of attending a 68 private or home school. 69 (ii) A private school student or a home school student retains the ability to participate 70 in an extracurricular activity at a school described in Subsection (2)(c)(i) if the student did not 71 initially establish the student's eligibility at another school in grade 9 or 10. 72 (d) A school other than a school described in Subsection (2)(c)(i) [or (ii)] may allow a 73 private school student or a home school student to participate in an extracurricular activity 74 [other than:] that the public school sponsors and supports if: 75 (i) for an interscholastic competition of athletic teams [sponsored and supported by a 76 public school; or], the private school student or the home school student meets the initial 77 establishment of eligibility requirements; 78 (ii) for an interscholastic contest or competition for music, drama, or forensic groups or 79 teams [sponsored and supported by a public school.], the private school student, subject to 80 Subsection (2)(b), or the home school student meets the entry requirements for participation; 81 (iii) the private school student or the home school student meets the eligibility 82 requirements under this section; and 83 (iv) the private school student or the home school student meets the enrollment 84 requirements for public school in accordance with Part 4, School District Enrollment. 85 (3) (a) Except as provided in Subsections (4) through (13), a private school student or a H.B. 209 Enrolled Copy - 4 - 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. Enrolled Copy H.B. 209 - 5 - 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. H.B. 209 Enrolled Copy - 6 - 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 Enrolled Copy H.B. 209 - 7 - 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: H.B. 209 Enrolled Copy - 8 - 198 53G-6-704. Charter school students' participation in extracurricular activities at 199 other public schools. 200 (1) As used in this section: 201 (a) "Association" means the same as that term is defined in Section 53G-7-1101. 202 (b) "Extracurricular activity" means the same as that term is defined in Section 203 53G-7-501. 204 (c) "Initial establishment of eligibility requirements" means the same as that term is 205 defined in Section 53G-6-703. 206 [(1)] (2) A charter school student is eligible to participate in an extracurricular activity 207 not offered by the student's charter school at: 208 (a) the school [within whose] with attendance boundaries within which the student's 209 custodial parent resides, if, for an interscholastic competition of athletic teams, the student did 210 not initially establish the student's eligibility at another public school in grade 9 or 10; 211 (b) the public school from which the student withdrew for the purpose of attending a 212 charter school; or 213 (c) a public school that is not a charter school if the student's charter school is located 214 on the campus of the public school or has local school board approval to locate on the campus 215 of the public school. 216 [(2)] (3) In addition to the public schools listed in Subsection [(1),] (2), the state board 217 may establish rules to allow a charter school student to participate in an extracurricular activity 218 at a public school other than a public school listed in Subsection [(1).] (2). 219 [(3)] (4) A school other than a school described in Subsection [(1)(a), (b), or (c)] (2) 220 may allow a charter school student to participate in [extracurricular activities other than:] an 221 extracurricular activity a public school sponsors and supports if: 222 (a) for interschool competitions of athletic teams [sponsored and supported by a public 223 school; or], the charter school student meets the initial establishment of eligibility 224 requirements; 225 (b) for interschool contests or competitions for music, drama, or forensic groups or Enrolled Copy H.B. 209 - 9 - 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. H.B. 209 Enrolled Copy - 10 - 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: Enrolled Copy H.B. 209 - 11 - 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. H.B. 209 Enrolled Copy - 12 - 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 Enrolled Copy H.B. 209 - 13 - 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. H.B. 209 Enrolled Copy - 14 - 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.