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S.B. 72


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Senate Committee Amendments 1-25-2006 rd/dsl
This document includes Senate Committee Amendments incorporated into the bill on Wed, Jan 25, 2006 at 9:25 AM by rday. -->              1
    
HOME SCHOOL AND DUAL ENROLLMENT

             2     
AMENDMENTS

             3     
2006 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Chief Sponsor: Mark B. Madsen

             6     
House Sponsor: ____________

             7     

             8      LONG TITLE
             9      General Description:
             10          This bill modifies procedures for exempting minors who are home schooled from
             11      attendance at a public or private school and provides that private or home school
             12      students shall be eligible to participate in extracurricular activities at a public school.
             13      Highlighted Provisions:
             14          This bill:
             15          .    provides that a minor shall be excused from attendance at a public or private school
             16      if the minor's parent files a S. [ form ] statement .S signed by the parent with the local board of
             17      education stating that the minor will attend a home school;
             18          .    provides that a minor who is enrolled in a regularly established private school or a
             19      home school shall be eligible to participate in extracurricular activities at a public
             20      school;
             21          .    provides that a private or home school student may only participate in
             22      extracurricular activities at the public school within whose boundaries the student's
             23      custodial parent or legal guardian resides S. or a public school within the student's school district of
             23a      residence which is open for enrollment of nonresident students
.S ; and
             24          .    provides that private and home school students shall be eligible for extracurricular
             25      activities at a public school consistent with eligibility standards for fully enrolled
             26      public school students.
             27      Monies Appropriated in this Bill:



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             28
         None
             29      Other Special Clauses:
             30          None
             31      Utah Code Sections Affected:
             32      AMENDS:
             33          53A-11-102, as last amended by Chapter 253, Laws of Utah 2005
             34          53A-11-102.5, as last amended by Chapter 221, Laws of Utah 2003
             35     

             36      Be it enacted by the Legislature of the state of Utah:
             37          Section 1. Section 53A-11-102 is amended to read:
             38           53A-11-102. Minors exempt from school attendance.
             39          (1) (a) A school-age minor may be excused from attendance by the local board of
             40      education and a parent exempted from application of Subsections 53A-11-101 (2) and (3) for
             41      any of the following reasons:
             42          (i) a minor over age 16 may receive a partial release from school to enter employment
             43      if the minor has completed the eighth grade; or
             44          (ii) on an annual basis, a minor may receive a full release from attending a public,
             45      regularly established private, or part-time school or class if:
             46          (A) the minor has already completed the work required for graduation from high
             47      school, or has demonstrated mastery of required skills and competencies in accordance with
             48      Subsection 53A-15-102 (1);
             49          (B) the minor is in a physical or mental condition, certified by a competent physician if
             50      required by the district board, which renders attendance inexpedient and impracticable;
             51          (C) proper influences and adequate opportunities for education are provided in
             52      connection with the minor's employment; or
             53          (D) the district superintendent has determined that a minor over the age of 16 is unable
             54      to profit from attendance at school because of inability or a continuing negative attitude toward
             55      school regulations and discipline.
             56          (b) Minors receiving a partial release from school under Subsection (1)(a)(i) are
             57      required to attend:
             58          (i) school part-time as prescribed by the local school board; or



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Senate Committee Amendments 1-25-2006 rd/dsl
             59
         (ii) a home school part-time.
             60          (c) In each case, evidence of reasons for granting an exemption under Subsection (1)
             61      must be sufficient to satisfy the local board.
             62          (2) (a) On an annual basis, a school-age minor shall be excused from attendance by a
             63      local board of education and a parent exempted from application of Subsections 53A-11-101 (2)
             64      and (3), if the minor's parent files a S. [ form ] statement .S signed [affidavit] by the parent with
             64a      the minor's
             65      school district of residence, as defined in Section 53A-2-201 , stating that the minor will attend
             66      a home school and receive instruction as required by Subsection (2)(b).
             67          (b) Each minor who attends a home school shall receive instruction:
             68          (i) in the subjects the State Board of Education requires to be taught in public schools
             69      in accordance with the law; and
             70          (ii) for the same length of time as minors are required by law to receive instruction in
             71      public schools, as provided by rules of the State Board of Education.
             72          (c) Subject to the requirements of Subsection (2)(b), a parent of a minor who attends a
             73      home school is solely responsible for:
             74          (i) the selection of instructional materials and textbooks;
             75          (ii) the time, place, and method of instruction, and
             76          (iii) the evaluation of the home school instruction.
             77          (d) A local school board may not:
             78          (i) require a parent of a minor who attends a home school to maintain records of
             79      instruction or attendance;
             80          (ii) require credentials for individuals providing home school instruction;
             81          (iii) inspect home school facilities; or
             82          (iv) require standardized or other testing of home school students.
             83          (3) Boards excusing minors from attendance as provided by Subsections (1) and (2)
             84      shall issue a certificate stating that the minor is excused from attendance during the time
             85      specified on the certificate.
             86          (4) Nothing in this section may be construed to prohibit or discourage voluntary
             87      cooperation, resource sharing, or testing opportunities between a school or school district and a
             88      parent or guardian of a minor attending a home school.
             89          Section 2. Section 53A-11-102.5 is amended to read:



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Senate Committee Amendments 1-25-2006 rd/dsl
             90
          53A-11-102.5. Dual enrollment.
             91          (1) A person having control of a minor under this part who is enrolled in a regularly
             92      established private school or a home school may also enroll the minor in a public school for
             93      dual enrollment purposes.
             94          (2) The minor may participate in any academic activity in the public school available to
             95      students in the minor's grade or age group, subject to compliance with the same rules and
             96      requirements that apply to a full-time student's participation in the activity.
             97          (3) Except as otherwise provided in Sections 53A-11-101 and 53A-11-102 , a student
             98      enrolled in a public school may also be enrolled in a private school or a home school for dual
             99      enrollment purposes.
             100          (4) A student enrolled in a dual enrollment program is considered a student of the
             101      district in which the public school of attendance is located for purposes of state funding to the
             102      extent of the student's participation in the public school programs.
             103          (5) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
             104      State Board of Education shall make rules for purposes of dual enrollment to govern and
             105      regulate the transferability of credits toward graduation that are earned in a private or home
             106      school.
             107          [(6) The State Board of Education shall determine the policies and procedures
             108      necessary to permit students enrolled under Subsection (1) to participate in public school
             109      extracurricular activities.]
             110          (6) (a) A minor who is enrolled in a regularly established private school or in a home
             111      school shall be eligible to participate in extracurricular activities at a public school as provided
             112      in this Subsection (6).
             113          (b) A private or home school student may only participate in extracurricular activities
             114      at S. ;
             114a          (i)
.S the public school within whose boundaries the student's custodial parent or legal
             114b      guardian
             115      resides S. ; or
             115a          (ii) a public school:
             115b          (A) within the home school student's school district of residence; and
             115c          (B) which is open for enrollment of nonresident students pursuant to Section 53A-2-207 or
             115d      Section 53A-2-213.
.S .
             116          (c) A school district or public school may not impose additional requirements on
             117      private or home school students to participate in extracurricular activities that are not imposed
             118      on fully enrolled public school students.
             119          (d) Eligibility requirements based on school attendance are not applicable to home
             120      school students.



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             121
         (e) When selection to participate in an extracurricular activity is made on a competitive
             122      basis, the private or home school student shall be eligible to try out for the activity.
             123          (f) To demonstrate a home school student's compliance with scholastic eligibility
             124      requirements, the individual providing the primary instruction of a home school student shall
             125      submit written verification that indicates:
             126          (i) whether the student is mastering the material in each course or subject being taught;
             127      and
             128          (ii) whether the student is maintaining satisfactory progress towards advancement or
             129      promotion.
             130          (g) Private and home school students shall be eligible for extracurricular activities at a
             131      public school consistent with other eligibility standards as applied to fully enrolled public
             132      school students not exempted in Subsection (6)(d) or (f).





Legislative Review Note
    as of 1-18-06 4:17 PM


Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel


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