SUMMARY:  49 0470S

The "Equal Opportunity for Access in Education Act" allows homeschoolers in grades 6-12 to participate in extracurricular activities at their local public school under certain circumstances. This bill has also been attached to SB 42 as of 3/23. 

See also SB 51, "The Dexter Mosely Act" for a slightly different version of the bill. SB 51 has also been placed in HB 681 as of 3/24.  

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. 

EFFECTIVE DATE:

July 1, 2021