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S.B. 81
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HOME SCHOOL AND EXTRACURRICULAR
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ACTIVITY AMENDMENTS
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2007 GENERAL SESSION
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STATE OF UTAH
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Chief Sponsor: Mark B. Madsen
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House Sponsor:
____________
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LONG TITLE
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General Description:
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This bill modifies procedures for exempting minors who are home schooled from
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attendance at a public or private school and addresses charter school, private school,
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and home school students' eligibility to participate in extracurricular activities.
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Highlighted Provisions:
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This bill:
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. provides that a minor shall be excused from attendance at a public or private school
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if the minor's parent files a signed notice with the local board of education stating
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that the minor will attend a home school;
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. provides that any rule, bylaw, or policy that denies eligibility to participate in
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interschool contests or competitions based on a student's transferring from one high
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school to another does not apply to a student transferring to a charter school in the
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first three years of the charter school's existence;
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. provides that a minor who is enrolled in a private school or a home school shall be
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eligible to participate in extracurricular activities at a public school;
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. provides that, with certain exceptions, a private school or a home school student
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may only participate in extracurricular activities at the public school within whose
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boundaries the student's custodial parent or legal guardian resides or a public school
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within the student's school district of residence that is open for enrollment of
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nonresident students; and
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. provides that, with certain exceptions, private school students and home school
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students shall be eligible for extracurricular activities at a public school consistent
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with eligibility standards for fully enrolled public school students.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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53A-11-102, as last amended by Chapter 253, Laws of Utah 2005
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53A-11-102.5, as last amended by Chapter 221, Laws of Utah 2003
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ENACTS:
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53A-1a-511.5, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
53A-1a-511.5
is enacted to read:
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53A-1a-511.5. Eligibility for participating in interschool contests or competitions.
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Any rule, bylaw, or policy governing students' eligibility to participate in interschool
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contests or competitions that denies eligibility to participate in interschool contests or
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competitions based on a student's transferring from one high school to another does not apply
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to students transferring to a charter school in the first three years of the charter school's
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existence. A student who transfers to a charter school in the first three years of the charter
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school's existence shall remain eligible for participation in interschool contests or competitions
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if the student meets all other eligibility criteria.
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Section 2.
Section
53A-11-102
is amended to read:
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53A-11-102. Minors exempt from school attendance.
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(1) (a) A school-age minor may be excused from attendance by the local board of
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education and a parent exempted from application of Subsections
53A-11-101
(2) and (3) for
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any of the following reasons:
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(i) a minor over age 16 may receive a partial release from school to enter employment
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if the minor has completed the eighth grade; or
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(ii) on an annual basis, a minor may receive a full release from attending a public,
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regularly established private, or part-time school or class if:
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(A) the minor has already completed the work required for graduation from high
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school, or has demonstrated mastery of required skills and competencies in accordance with
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Subsection
53A-15-102
(1);
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(B) the minor is in a physical or mental condition, certified by a competent physician if
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required by the district board, which renders attendance inexpedient and impracticable;
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(C) proper influences and adequate opportunities for education are provided in
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connection with the minor's employment; or
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(D) the district superintendent has determined that a minor over the age of 16 is unable
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to profit from attendance at school because of inability or a continuing negative attitude toward
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school regulations and discipline.
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(b) Minors receiving a partial release from school under Subsection (1)(a)(i) are
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required to attend:
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(i) school part-time as prescribed by the local school board; or
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(ii) a home school part-time.
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(c) In each case, evidence of reasons for granting an exemption under Subsection (1)
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must be sufficient to satisfy the local board.
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(2) (a) On an annual basis, a school-age minor shall be excused from attendance by a
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local board of education and a parent exempted from application of Subsections
53A-11-101
(2)
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and (3), if the minor's parent files a signed [affidavit] notice with the minor's school district of
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residence, as defined in Section
53A-2-201
, stating that the minor will attend a home school
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and receive instruction as required by Subsection (2)(b).
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(b) Each minor who attends a home school shall receive instruction:
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(i) in the subjects the State Board of Education requires to be taught in public schools
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in accordance with the law; and
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(ii) for the same length of time as minors are required by law to receive instruction in
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public schools, as provided by rules of the State Board of Education.
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(c) Subject to the requirements of Subsection (2)(b), a parent of a minor who attends a
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home school is solely responsible for:
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(i) the selection of instructional materials and textbooks;
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(ii) the time, place, and method of instruction, and
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(iii) the evaluation of the home school instruction.
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(d) A local school board may not:
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(i) require a parent of a minor who attends a home school to maintain records of
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instruction or attendance;
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(ii) require credentials for individuals providing home school instruction;
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(iii) inspect home school facilities; or
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(iv) require standardized or other testing of home school students.
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(3) (a) Boards excusing minors from attendance as provided by Subsections (1) and (2)
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shall issue a certificate stating that the minor is excused from attendance during the time
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specified on the certificate.
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(b) A local school board shall issue a certificate excusing a minor from attendance
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within 30 days after receipt of a notice filed by the minor's parent pursuant to Subsection (2).
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(4) Nothing in this section may be construed to prohibit or discourage voluntary
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cooperation, resource sharing, or testing opportunities between a school or school district and a
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parent or guardian of a minor attending a home school.
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Section 3.
Section
53A-11-102.5
is amended to read:
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53A-11-102.5. Dual enrollment.
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(1) A person having control of a minor under this part who is enrolled in a regularly
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established private school or a home school may also enroll the minor in a public school for
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dual enrollment purposes.
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(2) The minor may participate in any academic activity in the public school available to
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students in the minor's grade or age group, subject to compliance with the same rules and
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requirements that apply to a full-time student's participation in the activity.
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(3) [Except as otherwise provided in Sections
53A-11-101
and
53A-11-102
, a] A
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student enrolled in a public school may also be enrolled in a private school or a home school
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for dual enrollment purposes.
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(4) A student enrolled in a dual enrollment program is considered a student of the
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district in which the public school of attendance is located for purposes of state funding to the
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extent of the student's participation in the public school programs.
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(5) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
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State Board of Education shall make rules for purposes of dual enrollment to govern and
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regulate the transferability of credits toward graduation that are earned in a private or home
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school.
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[(6) The State Board of Education shall determine the policies and procedures
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necessary to permit students enrolled under Subsection (1) to participate in public school
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extracurricular activities.]
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(6) (a) A minor who is enrolled in a private school or a home school shall be eligible to
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participate in extracurricular activities at a public school as provided in this Subsection (6).
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(b) A private school student may only participate in extracurricular activities at a public
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school that are not offered by the student's private school.
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(c) Except as provided in Subsection (6)(d), a private school student or a home school
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student may only participate in extracurricular activities at:
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(i) the public school within whose boundaries the student's custodial parent or legal
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guardian resides; or
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(ii) a public school:
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(A) within the student's school district of residence; and
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(B) that is open for enrollment of nonresident students pursuant to Section
53A-2-207
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or
53A-2-213
.
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(d) A school district may allow a private school student or a home school student who
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does not reside within the district's boundaries to participate in extracurricular activities other
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than:
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(i) interschool competitions of athletic teams sponsored and supported by a public
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school; or
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(ii) interschool contests or competitions for music, drama, or forensic groups or teams
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sponsored and supported by a public school.
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(e) (i) Private school students and home school students shall be eligible for
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extracurricular activities at a public school consistent with eligibility standards as applied to
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fully enrolled public school students, except as provided in Subsections (6)(f) through (h); and
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(ii) a school district or public school may not impose additional requirements on
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private school students or home school students to participate in extracurricular activities that
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are not imposed on fully enrolled public school students.
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(f) Eligibility requirements based on school attendance are not applicable to home
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school students.
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(g) To demonstrate a home school student's compliance with scholastic eligibility
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requirements, the individual providing the primary instruction of a home school student shall
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submit a written statement that indicates:
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(i) the student is mastering the material in each course or subject being taught; and
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(ii) the student is maintaining satisfactory progress towards advancement or promotion.
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(h) A public school student who has been declared to be academically ineligible to
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participate in an extracurricular activity and who subsequently enrolls in a home school shall
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lose eligibility for participation in the extracurricular activity until the student:
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(i) demonstrates academic eligibility by providing test results or a portfolio of the
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student's work;
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(ii) returns to public school and reestablishes academic eligibility; or
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(iii) enrolls in a private school and establishes academic eligibility.
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(i) When selection to participate in an extracurricular activity at a public school is
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made on a competitive basis, a private school student and a home school student shall be
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eligible to try out for and participate in the activity as provided in this Subsection (6).
Legislative Review Note
as of 12-6-06 10:06 AM