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SB 0051 - "Dexter Mosely Act"; enact

Tracking Level: Hot
Sponsor: Bruce Thompson
Last Action: 3/31/2021 - House - House Withdrawn, Recommitted
Senate Committee: Education and Youth
House Committee: Education

Staff Analysis of the Legislation

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SUMMARY:  LC 49 0346  SB 51/FA

The bill is called the "Dexter Mosley Act" but in previous years has been called the "Tim Tebow" bill and various other names.  The intent is to make home schooled students eligible to participate in extracurricular activities and interscholastic sports under the sponsorship, direction, and control of the resident school or school system IF they meet the following requirements:

  • At least 30 calendar days before the first day of the semester in which a home school student will enroll in a qualifying course (see below), a parent must provide the principal and superintendent written notice of the intention to participate in one or more specified extracurricular or interscholastic activities.
  • The parent provides a copy of the student's most recent annual progress assessment report as provided in 20-2-690(c)(8), along with written verification by the home school instructor that the student is currently receiving a passing grade in each course, is maintaining satisfactory progress toward advancement, and meets the requirements for participation in the specified activity.
  • The student enrolls in and attempts to complete one qualifying course.  A qualifying course is defined in the bill as an online course facilitated by the resident school system through virtual opportunities per 20-2-319.4, dual enrollment, or an on-site course required for participation in the designated extracurricular and interscholastic activities.
  • The student meets established age, academic, behavioral, conduct, disciplinary, physical examination, residence, zoning, and other rules and requirements applicable to all students for participation and provides any supporting documentation required by the resident school.
  • The student abides by the same student code of conduct and disciplinary measures and transportation policies as students enrolled at the school and participating in the same activity
  • The student completes the tryout process or equivalent for participation in the activity applicable to all students for that activity and provides any supporting documentation required by the school
  • The student is selected if the activity involves a competitive selection process 

Extracurricular activities are defined as: 

  • public school-sponsored activities in which students take part on a voluntary basis
  • do not offer or provide school or course credits
  • generally conducted in whole or in part outside regular school hours OR, if conducted in whole or in part during regular school hours at times agreed to by the participants and approved by a school official
  • which are managed and operated under the guidance of a teacher, other school employee, or other adult approved by a school official 
  • Examples include but are not limited to:
    • intramural and interscholastic athletics
    • band, chorus, and other musical activities
    • drama and other theatrical activities
    • school clubs and organizations listed in the student code of conduct per 20-2-705 

Any student withdrawing from a public school to be home schooled shall be ineligible for participation in any extracurricular or interscholastic activity for 12 months from the date of the parent's declaration of intent to home school.  This provision can be waived due to hardship according to the same rules and procedures used for other students.

Participation in extracurricular or interscholastic activities includes participation in the following school-sponsored activities:

  • tryouts, off-season practice, rehearsal, or conditioning
  • summer/holiday practice, rehearsal, or conditioning
  • in-season practice, rehearsal, or conditioning
  • all exhibitions, contests, and competitions including scrimmage, preseason, regular season, postseason, and invitational 

A resident school, school system, and athletic association are prohibited from denying a home school student the opportunity to try out and participate if selected. 

 

EFFECTIVE DATE:

July 1, 2021 


Bill Summary from the State Site - Click for the State Summary Page / Click for Current Full Text