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SB 0042 - Education; school climate rating does not include discipline data; provide

Tracking Level: Passed
Sponsor: Jeff Mullis
Last Action: 5/6/2021 - Effective Date 2021-07-01
Senate Committee: Education and Youth
House Committee: Education

Staff Analysis of the Legislation

GSBA-CWO Header 

SUMMARY:  LC 49 0273  SB42/CSFA  LC 49 0531S (SB 42/AP)

Although SB 42 started out focusing on discipline data being included in the school climate rating, it ended up far different.  Provisions related to discipline data ended up being limited to the following:

It requires that student discipline data and related information be included in the annual report done by the Governor's Office of Student Achievement under 20-14-27(a)(2).

It requires each local school system to publish electronically in a prominent place on its website the reported information on student disciplinary and placement actions as reported to the Department of Education under 20-2-740(a) and (b) and shall provide a printed copy of the information for a specific school upon request for no charge "in a format that can be easily understood by parents and other members of the community who are not educators."  The published information must report the information for each school in the district.

Nothing in the bill would change any obligation to report a violation of the code of conduct as required by policy or law.

SB 42 became the vehicle for the "Dexter Mosely Act" by largely taking the House version of allowing homeschooled students in grades 6-12 to participate in extracurricular activities at their local public school. 

Extracurricular activities are defined in the bill as those activities which: 

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

Participation includes tryouts; off-season practice, rehearsal, or conditioning; summer and holiday practice, rehearsal, or conditioning; in-season practice, rehearsal, or conditioning; and all exhibitions, contests, and competitions, including scrimmage, preseason, regular season, postseason, and invitational. 

The home school student must meet all the following requirements in order to participate:

  • At least 30 calendar days before the first day of the semester in which a homeschool student will enroll in a qualifying course, a parent or guardian of the student must provide to the principal of the resident school and to the superintendent of the school district:
    • written notice the student intends to participate in one or more specified extracurricular or interscholastic activities
    • a copy of the student's most recent annual progress assessment report, as provided in 20-2-690(c)(8), along with written verification from the home school instructor that the home school 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
    • A qualifying course is one facilitated by the resident school system
      • By a virtual option per 20-2-319.4 
      • By a dual credit course
      • By an on-site course required for participation in designated activities
      • The district is funded for a 1/6 segment of the school day or the block equivalent 
  • The home school student enrolls in and attempts to complete one qualifying course for each semester he/she wishes to participate in an eligible activity
  • The student meets established age, academic, behavioral, conduct, disciplinary, residence, zoning, and other rules and requirements applicable for all students for participation in the selected activity and provides any supporting documentation required by the school
  • The student abides by the same code of conduct and disciplinary measures and transportation policies as students enrolled at the school who are participating in the activity
  • The student completes the tryout process or equivalent required for all students for participation in the activity and provides any supporting documentation required by the school
  • The student is selected for the activity if there is a competitive selection process

A student who withdraws 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 declaration of intent to home school. 

No public high school which receives QBE funding shall participate in, sponsor, or provide coaching staff for interscholastic activities conducted under the authority of, the rules of, or scheduled by any athletic association that does not consider home schoolers meeting the above requirements eligible for play. 


July 1, 2021 

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