A03678 Summary:

BILL NOA03678A
 
SAME ASSAME AS S02175
 
SPONSORStirpe
 
COSPNSRRa, Thiele, Tenney, Raia, Crouch, Peoples-Stokes, Blankenbush, Sepulveda, Graf, Wozniak, Goodell, Woerner, McDonough, Ortiz, Butler, Brabenec, Lawrence, Lalor
 
MLTSPNSRBarclay, Crespo, Englebright, Giglio, Kearns, Lopez, Magee, McDonald, McLaughlin, Palmesano, Pretlow, Steck
 
Add S1501-d, Ed L
 
Prohibits school districts from disallowing home-schooled students from participating in district interscholastic sports.
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A03678 Actions:

BILL NOA03678A
 
01/27/2015referred to education
06/10/2015amend and recommit to education
06/10/2015print number 3678a
01/06/2016referred to education
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A03678 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3678A
 
SPONSOR: Stirpe
  TITLE OF BILL: An act to amend the education law, in relation to prohibiting school districts from disallowing home-schooled students from participating in district interscholastic sports   PURPOSE: To allow home-schooled students to participate in interscholastic athletics.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends the education law by adding a new section 1501-d, which prohibits school districts from disallowing home-schooled students from participating in the district's interscholastic sports, and requires districts to make provision for such participation. Section 2 provides that the act shall take effect immediately.   JUSTIFICATION: Currently, home-schooled students may be prohibited from participating in interscholastic sports even though they are entitled to attend the schools that have the sport. It is fundamentally unfair to prohibit home-schooled students from participating in an important aspect of childhood development merely because their parents or guardians choose to home school them. The students have every right to attend the school, and there is no reduction is school taxes for parents or guardians who home-school their children, so there is no legitimate reason to prohibit home-schooled students from participating in interscholastic sports within the district. In fact, not all districts have such a prohibition, but this bill is necessary because some districts do have such a prohi- bition.   PRIOR LEGISLATIVE HISTORY: 2013-2014 Referred to Education   FISCAL IMPLICATIONS: None to the state.   EFFECTIVE DATE: Immediately.
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A03678 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3678--A
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    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    § 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    § 2. This act shall take effect immediately.
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