House File 2003 - Introduced HOUSE FILE 2003 BY INGELS A BILL FOR An Act relating to the participation in extracurricular 1 interscholastic athletic contests and competitions by 2 students with disabilities who are enrolled in public 3 schools or nonpublic schools. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5024YH (1) 90 jda/jh

H.F. 2003 Section 1. NEW SECTION . 256.47 Rules for participation in 1 extracurricular activities by certain students. 2 The state board shall adopt rules, consistent with section 3 280.13, that allow a student with a disability who is twenty 4 years of age or older to participate in extracurricular 5 interscholastic contests or competitions sponsored or 6 administered by an organization as defined in section 280.13. 7 Sec. 2. Section 280.13, Code 2024, is amended to read as 8 follows: 9 280.13 Requirements for interscholastic athletic contests and 10 competitions. 11 1. A public school or a nonpublic school shall not 12 participate in or allow students representing a the 13 public school or nonpublic school to participate in any 14 extracurricular interscholastic athletic contest or competition 15 which is sponsored or administered by an organization as 16 defined in this section , unless the organization is satisfies 17 all of the following criteria: 18 a. The organization is registered with the department of 19 education , files . 20 b. The organization files financial statements with the 21 department in the form and at the intervals prescribed by the 22 director of the department of education , and . 23 c. The organization is in compliance with rules which the 24 state board of education adopts for the proper administration, 25 supervision, operation, adoption of eligibility requirements, 26 and scheduling of extracurricular interscholastic athletic 27 contests and competitions and the organizations. 28 d. The organization has established a process to grant 29 waivers allowing students with disabilities who are enrolled 30 in the public school or nonpublic school, and who are twenty 31 years of age or older, to participate in any extracurricular 32 interscholastic athletic contest or competition if the 33 organization determines that the waiver is in the public 34 interest. When determining whether a waiver is in the public 35 -1- LSB 5024YH (1) 90 jda/jh 1/ 3

H.F. 2003 interest pursuant to this paragraph, the organization shall 1 consider all of the following: 2 (1) The contents of the student’s individualized education 3 program or plan under section 504 of the federal Rehabilitation 4 Act, 29 U.S.C. §794. 5 (2) How long the student’s individualized education program 6 or plan under section 504 of the federal Rehabilitation Act, 29 7 U.S.C. §794, has been in place. 8 (3) Whether the student turned twenty years of age during 9 the season in which the extracurricular interscholastic 10 athletic contest or competition takes place and should be 11 allowed to finish the season. 12 (4) How the student’s participation in the extracurricular 13 interscholastic athletic contest or competition may benefit the 14 student. 15 (5) How the student’s participation in the extracurricular 16 interscholastic athletic contest or competition may benefit 17 the public school or nonpublic school in which the student 18 is enrolled and the extracurricular interscholastic athletic 19 contest or competition. 20 2. The student’s individualized education program or plan 21 under section 504 of the federal Rehabilitation Act, 29 U.S.C. 22 §794, shall be confidential and shall not be a public record 23 subject to disclosure by the organization under chapter 22. 24 3. For the purposes of this section , “organization” means 25 a corporation, association, or organization which has as one 26 of its primary purposes the sponsoring or administration 27 of extracurricular interscholastic athletic contests or 28 competitions, but does not include an agency of this state, 29 a public or private school or school board, or an athletic 30 conference or other association whose interscholastic contests 31 or competitions do not include more than twenty-four schools. 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanation’s substance by the members of the general assembly. 35 -2- LSB 5024YH (1) 90 jda/jh 2/ 3

H.F. 2003 This bill relates to the participation in extracurricular 1 interscholastic athletic contests and competitions by students 2 with disabilities who are enrolled in public schools or 3 nonpublic schools. 4 Current law prohibits public schools from participating 5 in, or allowing students representing the public school from 6 participating in, any extracurricular interscholastic athletic 7 contest or competition that is sponsored or administered by an 8 organization, as defined in Code section 280.13, unless the 9 organization is registered with the department of education 10 (DE), files financial statements with DE, and complies 11 with rules adopted by the state board of education. The 12 bill modifies these provisions to prohibit public schools 13 and nonpublic schools from participating in, or allowing 14 students representing the school from participating in, any 15 extracurricular interscholastic athletic contest or competition 16 that is sponsored or administered by an organization unless 17 the organization has established a process to grant waivers 18 allowing students with disabilities who are 20 years of age or 19 older to participate in any extracurricular interscholastic 20 athletic contest or competition if the organization determines 21 that the waiver is in the public interest. The bill 22 establishes factors the organization is to consider when 23 determining whether such a waiver is in the public interest. 24 The bill requires the state board of education to adopt 25 rules, consistent with these provisions, that allow a 26 student with a disability who is 20 years of age or older to 27 participate in extracurricular interscholastic contests or 28 competitions sponsored or administered by an organization. 29 -3- LSB 5024YH (1) 90 jda/jh 3/ 3