Bill Text: NY A03678 | 2015-2016 | General Assembly | Amended

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Bill Title: Prohibits school districts from disallowing home-schooled students from participating in district interscholastic sports.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2016-01-06 - referred to education [A03678 Detail]

Download: New_York-2015-A03678-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3678--A
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 27, 2015
                                      ___________
       Introduced  by M. of A. STIRPE, RA, THIELE, TENNEY, RAIA, CROUCH, BROOK-
         KRASNY,  PEOPLES-STOKES,  BLANKENBUSH,   SEPULVEDA,   GRAF,   WOZNIAK,
         GOODELL,  WOERNER, McDONOUGH -- Multi-Sponsored by -- M. of A. CRESPO,
         GIGLIO, KEARNS, MAGEE, McDONALD, McLAUGHLIN, PALMESANO  --  read  once
         and  referred  to  the Committee on Education -- committee discharged,
         bill amended, ordered reprinted as amended  and  recommitted  to  said
         committee
       AN  ACT  to  amend  the education law, in relation to prohibiting school
         districts from disallowing home-schooled students  from  participating
         in district interscholastic sports
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The education law is amended by adding a new section 1501-d
    2  to read as follows:
    3    S 1501-D. HOME-SCHOOLED STUDENTS; INTERSCHOLASTIC  SPORTS.    NOTWITH-
    4  STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, BOARDS OF EDUCATION
    5  OF  SCHOOL  DISTRICTS  ARE  PROHIBITED  FROM  DISALLOWING  HOME-SCHOOLED
    6  STUDENTS FROM PARTICIPATING IN THE  DISTRICT'S  INTERSCHOLASTIC  SPORTS,
    7  AND  SHALL  MAKE PROVISION FOR SUCH PARTICIPATION IN ACCORDANCE WITH THE
    8  FOLLOWING:
    9    (1) HOME-SCHOOLED STUDENTS SHALL NOT BE DENIED BY  A  SCHOOL  DISTRICT
   10  THE  OPPORTUNITY TO PARTICIPATE IN ALL INTERSCHOLASTIC ACTIVITIES IF THE
   11  STUDENT FULFILLS THE FOLLOWING CONDITIONS:
   12    (A) THE STUDENT MUST MEET ALL SCHOOL  DISTRICT  PHYSICAL  EXAMINATION,
   13  IMMUNIZATION, AND AGE ELIGIBILITY REQUIREMENTS WITH THE EXCEPTION OF:
   14    (I) THE SCHOOL DISTRICT'S SCHOOL OR CLASS ATTENDANCE REQUIREMENTS; AND
   15    (II) THE CLASS REQUIREMENTS OF THE VOLUNTARY ASSOCIATION ADMINISTERING
   16  INTERSCHOLASTIC ACTIVITIES.
   17    (B)  (I)  THE  STUDENT  MUST ACHIEVE A MINIMUM SCORE ON A STANDARDIZED
   18  ACHIEVEMENT TEST PERMITTED UNDER SECTION 100.10  OF  THE  COMMISSIONER'S
   19  REGULATIONS.  THE  EXAMINATION  SHALL BE TAKEN AT THE END OF EACH SCHOOL
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06777-02-5
       A. 3678--A                          2
    1  YEAR AND SHALL BE USED TO DETERMINE ELIGIBILITY FOR THE FOLLOWING  YEAR.
    2  THE  MINIMUM,  COMPOSITE  TEST  SCORE  THAT A STUDENT MUST ACHIEVE SHALL
    3  PLACE THE STUDENT AT OR ABOVE  THE  THIRTY-FOURTH  PERCENTILE  BASED  ON
    4  NATIONAL  NORMS.  THE PARENT OR LEGAL GUARDIAN SHALL SUBMIT THE EXAMINA-
    5  TION RESULTS TO THE SCHOOL DISTRICT; OR
    6    (II) A SCHOOL DISTRICT MAY ADOPT ALTERNATIVE REQUIREMENTS, IN  CONSUL-
    7  TATION  WITH  THE  PARENT  OR LEGAL GUARDIAN OF A HOME-SCHOOLED STUDENT,
    8  THAT A STUDENT MUST MEET TO PARTICIPATE IN  INTERSCHOLASTIC  ACTIVITIES,
    9  INCLUDING BUT NOT LIMITED TO A REQUIREMENT THAT A STUDENT SUBMIT A PORT-
   10  FOLIO  OF  WORK  SAMPLES  TO  A  SCHOOL DISTRICT COMMITTEE FOR REVIEW TO
   11  DETERMINE WHETHER A STUDENT IS ELIGIBLE TO PARTICIPATE IN  INTERSCHOLAS-
   12  TIC ACTIVITIES.
   13    (C)  THE  HOME-SCHOOLED  STUDENT SHALL BE REQUIRED TO FULFILL THE SAME
   14  RESPONSIBILITIES AND STANDARDS OF BEHAVIOR  AND  PERFORMANCE,  INCLUDING
   15  RELATED  CLASS OR PRACTICE REQUIREMENTS, OF OTHER STUDENTS PARTICIPATING
   16  IN THE INTERSCHOLASTIC ACTIVITY OF  THE  TEAM  OR  SQUAD  AND  SHALL  BE
   17  REQUIRED TO MEET THE SAME STANDARDS FOR ACCEPTANCE ON THE TEAM OR SQUAD.
   18  THE HOME SCHOOL STUDENT MUST ALSO COMPLY WITH ALL PUBLIC SCHOOL REQUIRE-
   19  MENTS DURING THE TIME OF PARTICIPATION.
   20    (D)  A  HOME-SCHOOLED  STUDENT PARTICIPATING IN INTERSCHOLASTIC ACTIV-
   21  ITIES MUST RESIDE WITHIN THE ATTENDANCE BOUNDARIES  OF  THE  SCHOOL  FOR
   22  WHICH THE STUDENT PARTICIPATES.
   23    (E)  TRANSPORTATION  MUST BE PROVIDED BY THE PARENT OR GUARDIAN OF THE
   24  STUDENT. THE STUDENT MAY  USE  THE  SAME  TRANSPORTATION  AS  ALL  OTHER
   25  STUDENTS  IN  THE  SCHOOL  UNIT,  AS LONG AS ADDITIONAL EXPENSES ARE NOT
   26  INCURRED.
   27    S 2. This act shall take effect immediately.