Report Title:
Non-public school Students; Extracurricular Activities
Description:
Allows non-public school students to participate on an equal basis in any extracurricular or interscholastic activities offered by a public school in the geographic area in which the student resides. Requires non-public school students to pay applicable activity participation fees.
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THE SENATE |
S.B. NO. |
1092 |
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TWENTY-THIRD LEGISLATURE, 2005 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO EDUCATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to allow non-public school students, who would otherwise be denied the opportunity to do so, to participate on an equal basis in extracurricular and interscholastic activities in public schools. This Act is not intended to sanction or encourage the recruitment of students for participation in these activities by public schools.
SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302A- Non-public school students; extracurricular and interscholastic activities. (a) Each public school, subject to the requirements of this section, shall allow any non-public school student to apply to participate on an equal basis in any extracurricular activity offered by a public school; provided that:
(1) The non-public school student shall be eligible to participate in activities only at the public school in the geographic area in which the non-public school student resides and may not be granted a geographic exception for this purpose; and
(2) If a non-public school student's parent or legal guardian changes domicile to another public school district, the student shall only be eligible to participate in activities at a public school located in the non-public school student's new domicile.
(b) This section shall not prevent any private school from allowing a non-public school student to participate in an extracurricular activity offered by the private school; provided that this section shall not be interpreted to require a private school to allow such participation.
(c) A public school shall not adopt or agree to be bound by any rule or policy of any organization or association that would prohibit any participation allowed by this section.
(d) Any non-public school student may participate in an activity through any amateur association or league of which the public school is not a member, and this participation shall not prevent the non-public school student from participating or affect the non-public school student's eligibility to participate in the same activity at any public school. Prior to participating in any activity through an amateur association or league, the non-public school student shall obtain the express written permission of the principal of the public school at which the non-public school student participates in the activity, which permission shall be granted if:
(1) The non-public school student's attendance in the activity is not compromised; and
(2) The non-public school student is in good academic standing under the non-public school's activities policy.
(e) Notwithstanding any rule adopted or agreed to by any public school, any non-public school student who is sanctioned or is found by the public school, or by any organization or association to which the school belongs, to be ineligible to participate in any activity for any reason, except for unsportsmanlike conduct or ejection from an activity, may appeal the sanction or finding. The appeal may be made through the applicable process at the public school, any league to which the public school belongs, or any other organization to which the public school belongs.
(f) In order to participate in an extracurricular activity at a public school, a non-public school student shall meet all of the requirements imposed by the public school, including compliance with:
(1) All laws governing the activity;
(2) All eligibility requirements imposed by the public school;
(3) The same responsibilities and standards of behavior as are imposed on other students participating in the activity at the public school; and
(4) The payment of all required activity-related fees, including any fee provided in subsection (g).
(g) A public school may charge a non-public school student participating in an extracurricular activity a participation fee as a prerequisite to participation. The fee amount that the school charges a non-public school student shall not exceed the fee amount that the school would charge an enrolled student to participate in the activity; provided that if any fee is collected pursuant to this subsection for participation in an activity, the fee shall be used to fund the particular activity for which it is charged and shall not be expended for any other purpose.
(h) No non-public school student who participates in an extracurricular activity in a public school shall be included in the pupil enrollment of the public school where the student participates.
(i) As used in this section:
"Activity" means any extracurricular or interscholastic activity, including any academic, artistic, athletic, recreational, or other activity offered by a school.
"Non-public school" means the sequential program of instruction for the education of a child that:
(1) Takes place in a home or non-public school; and
(2) Is not under the supervision and control of a public school."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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