Bill Text: IN HB1399 | 2011 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Participation in school athletics.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2011-02-17 - First reading: referred to Committee on Education and Career Development [HB1399 Detail]
Download: Indiana-2011-HB1399-Introduced.html
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear inthis style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type orthis style type reconciles conflicts
between statutes enacted by the 2010 Regular Session of the General Assembly.
Bill Title: Participation in school athletics.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2011-02-17 - First reading: referred to Committee on Education and Career Development [HB1399 Detail]
Download: Indiana-2011-HB1399-Introduced.html
Introduced Version
HOUSE BILL No. 1399
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 20-26-14.
Synopsis: Participation in school athletics. Allows students enrolled
in nonaccredited nonpublic schools that are not members of an athletic
association to participate under certain conditions in interscholastic
athletic activities at accredited nonpublic schools and public schools
that are members of an athletic association.
Effective: July 1, 2011.
Wesco
January 18, 2011, read first time and referred to Committee on Education.
Introduced
First Regular Session 117th General Assembly (2011)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
HOUSE BILL No. 1399
A BILL FOR AN ACT to amend the Indiana Code concerning
education.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 20-26-14-8; (11)IN1399.1.1. -->
SECTION 1. IC 20-26-14-8 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 8. (a) This section applies to a high school student
who:
(1) attends a nonaccredited nonpublic school that is not a member of an association; and
(2) intends to participate in high school athletics at a public high school that is a member of an association.
(b) Beginning with the 2011-2012 school year, a student described in subsection (a) may participate in high school athletics at a public high school that is a member of an association if the public high school is located within the legal settlement of the student and the criteria set forth in subsection (c) are met.
(c) For a high school student described in subsection (a) to be eligible to participate in interscholastic high school athletics at a public high school that is a member of an association, all of the following conditions must be met:
(1) The high school must be located within the legal settlement of the student.
(2) The student's parent must make a written request for the student to participate in interscholastic athletic activities to the principal of the public school providing the interscholastic athletic activity.
(3) The student must receive written approval from the principal of the school providing the interscholastic athletic activity.
(4) The student must take a nationally recognized test that assesses basic skills and achievement for each year of high school and achieve at least the minimum standard score commensurate with the student's grade level.
(5) The student must meet conditions applicable to students who attend the public school concerning any required insurance coverage, either by participating in insurance programs offered by the public school or by providing for insurance coverage in another manner.
(6) The student must meet all standards and requirements applicable to a student participating in the interscholastic athletic activity, including but not limited to tryouts, practice time, codes of conduct and student discipline, physical exams, proof of age, permission forms, waivers, required paperwork, fees, and transportation arrangements, but excluding any requirements that the student be enrolled in or attend the public school.
(7) The student must have attended a nonpublic nonaccredited school for the entire previous school year.
(d) The request described under subsection (c)(2) must be made not later than eleven (11) days after the school year begins. The principal of the public school providing the interscholastic athletic activity shall approve or disapprove a written request described under subsection (c)(2) not later than thirty (30) days after receipt by the principal of the public school of all information and documentation requested by the public school principal of the student or the student's parent.
(e) A request for information and documentation by the principal of the public school under this section is limited to information and documentation that is required by this section and information and documentation that is required of other students who participate in interscholastic athletic activities.
(f) A decision by a public school principal to approve or
(1) attends a nonaccredited nonpublic school that is not a member of an association; and
(2) intends to participate in high school athletics at a public high school that is a member of an association.
(b) Beginning with the 2011-2012 school year, a student described in subsection (a) may participate in high school athletics at a public high school that is a member of an association if the public high school is located within the legal settlement of the student and the criteria set forth in subsection (c) are met.
(c) For a high school student described in subsection (a) to be eligible to participate in interscholastic high school athletics at a public high school that is a member of an association, all of the following conditions must be met:
(1) The high school must be located within the legal settlement of the student.
(2) The student's parent must make a written request for the student to participate in interscholastic athletic activities to the principal of the public school providing the interscholastic athletic activity.
(3) The student must receive written approval from the principal of the school providing the interscholastic athletic activity.
(4) The student must take a nationally recognized test that assesses basic skills and achievement for each year of high school and achieve at least the minimum standard score commensurate with the student's grade level.
(5) The student must meet conditions applicable to students who attend the public school concerning any required insurance coverage, either by participating in insurance programs offered by the public school or by providing for insurance coverage in another manner.
(6) The student must meet all standards and requirements applicable to a student participating in the interscholastic athletic activity, including but not limited to tryouts, practice time, codes of conduct and student discipline, physical exams, proof of age, permission forms, waivers, required paperwork, fees, and transportation arrangements, but excluding any requirements that the student be enrolled in or attend the public school.
(7) The student must have attended a nonpublic nonaccredited school for the entire previous school year.
(d) The request described under subsection (c)(2) must be made not later than eleven (11) days after the school year begins. The principal of the public school providing the interscholastic athletic activity shall approve or disapprove a written request described under subsection (c)(2) not later than thirty (30) days after receipt by the principal of the public school of all information and documentation requested by the public school principal of the student or the student's parent.
(e) A request for information and documentation by the principal of the public school under this section is limited to information and documentation that is required by this section and information and documentation that is required of other students who participate in interscholastic athletic activities.
(f) A decision by a public school principal to approve or
disapprove a written request for a student to participate in
interscholastic athletic activities at the public school where the
principal is employed is final.
SOURCE: IC 20-26-14-9; (11)IN1399.1.2. -->
SECTION 2. IC 20-26-14-9 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 9. (a) This section applies to a high school student
who:
(1) attends a nonaccredited nonpublic school that is not a member of an association; and
(2) intends to participate in high school athletics at an accredited nonpublic high school that is a member of an association.
(b) Participation in high school athletics of a student described in subsection (a) is at the discretion of the governing authority of the accredited nonpublic school. If participation is permitted, the governing authority shall determine the terms and conditions of the participation of the student at the school. However, the student's participation is subject to the same requirements, policies, and rules of eligibility of the association as applicable to other students participating in the activity at the school.
(c) A person does not have any cause of action arising from:
(1) a denial of participation of a student who attends a nonaccredited nonpublic school in interscholastic athletics at an accredited nonpublic school; or
(2) a refusal or denial by the accredited nonpublic school of further participation by the student in interscholastic athletics at the accredited nonpublic school.
(1) attends a nonaccredited nonpublic school that is not a member of an association; and
(2) intends to participate in high school athletics at an accredited nonpublic high school that is a member of an association.
(b) Participation in high school athletics of a student described in subsection (a) is at the discretion of the governing authority of the accredited nonpublic school. If participation is permitted, the governing authority shall determine the terms and conditions of the participation of the student at the school. However, the student's participation is subject to the same requirements, policies, and rules of eligibility of the association as applicable to other students participating in the activity at the school.
(c) A person does not have any cause of action arising from:
(1) a denial of participation of a student who attends a nonaccredited nonpublic school in interscholastic athletics at an accredited nonpublic school; or
(2) a refusal or denial by the accredited nonpublic school of further participation by the student in interscholastic athletics at the accredited nonpublic school.
SOURCE: IC 20-26-14-10; (11)IN1399.1.3. -->
SECTION 3. IC 20-26-14-10 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 10. A student who:
(1) has been enrolled in a public school or an accredited nonpublic school during the current school year;
(2) has been determined ineligible to participate in one (1) or more interscholastic athletic activities at a school described under subdivision (1) for reasons related to student conduct or academic performance, or both; and
(3) enrolls in a nonaccredited nonpublic school;
is ineligible to participate in interscholastic athletic activities as under section 8 or 9 of this chapter for one (1) school year after the date the student was determined ineligible.
(1) has been enrolled in a public school or an accredited nonpublic school during the current school year;
(2) has been determined ineligible to participate in one (1) or more interscholastic athletic activities at a school described under subdivision (1) for reasons related to student conduct or academic performance, or both; and
(3) enrolls in a nonaccredited nonpublic school;
is ineligible to participate in interscholastic athletic activities as under section 8 or 9 of this chapter for one (1) school year after the date the student was determined ineligible.
SOURCE: IC 20-26-14-11; (11)IN1399.1.4. -->
SECTION 4. IC 20-26-14-11 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 11. A nonaccredited nonpublic
school student who provides false information, documentation, or
verification of the student's qualifications for the purpose of
meeting eligibility requirements to participate in interscholastic
athletic activities is ineligible to participate in interscholastic
athletic activities in accordance with policies of the association and
may be subject to penalties as provided by the association.
SOURCE: IC 20-26-14-12; (11)IN1399.1.5. -->
SECTION 5. IC 20-26-14-12 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 12. If the association finds that a
public or accredited nonpublic school is knowledgeable of any false
representation, documentation, or verification of a nonaccredited
nonpublic school student's qualifications that was made for the
purpose of meeting eligibility requirements to participate in
interscholastic athletic activities, and the school does not declare
the student ineligible for participation, the school is subject to
penalties established by the association.
