(1)
(a) Notwithstanding any other provision of this article, each school district and each
public school, subject to the requirements of this section, shall allow any student
enrolled in a school or participating in a nonpublic home-based educational
program to participate on an equal basis in any activity offered by the school
district or the public school that is not offered at the student's school of attendance
or through the student's nonpublic home-based educational program. A school
district or 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. Each nonpublic school may allow a student to participate in a particular
activity offered by the nonpublic school, at the nonpublic school's discretion.
(b) Any student may participate in an activity through any amateur
association or league of which the school or school district is not a member, and
such participation shall not prevent the student from participating or affect the
student's eligibility to participate in the same activity at any school, subject to the
limitations specified in this section. Prior to participating in any activity through
such an amateur association or league, the student shall obtain the express written
permission of the principal of the school at which the student participates in the
activity, which permission shall be granted if:
(I) The student's class attendance is not compromised; and
(II) The student is in good academic standing under the school's activities
policy applicable to all students.
(c) No school or school district that receives funds under article 54 of this
title shall belong to any organization or association nor enforce any rule of a coach
or principal that would prohibit a student's participation in any school or
interscholastic school activity based upon the student's participation in lawful
activities during out-of-school hours and off of school property.
(2) (a) A student may participate in activities only at the student's school of
attendance or through the student's nonpublic home-based educational program,
whichever is applicable, unless the school of attendance or nonpublic home-based
educational program does not offer an activity in which the student wishes to
participate.
(b) If a student's school of attendance or nonpublic home-based educational
program does not offer an activity in which the student wishes to participate, the
student may participate in the activity at another public school in the student's
school district of attendance or in the student's school district of residence. If the
activity is not offered at any public school in the school district of attendance or the
school district of residence, the student may participate in the activity at a public
school in a school district that is contiguous to the student's school district of
residence or at the nearest public school that has the facilities for and offers the
activity, even if the public school is not in a contiguous school district.
(c) If an activity is not offered at the student's school of attendance and the
student chooses to participate in the activity at a public school as provided in
paragraph (b) of this subsection (2), the school district in which the student chooses
to participate shall choose the public school at which the student shall participate.
In choosing a public school, the school district shall seek to maximize all students'
opportunities to participate in extracurricular activities and shall consider certain
factors, including but not limited to:
(I) Which public school of the school district offers the most activities in
which the student wishes to participate;
(II) Which public school or schools of the school district are nearest to the
student's residence;
(III) The preferences of the student's parents or legal guardians; and
(IV) Such issues as may be presented for the school district's consideration
by a statewide high school activities association.
(d) A student may participate in activities at more than one school of
participation during the same school year only if the original school of participation
does not offer an activity in which the student wishes to participate. This limitation
applies regardless of whether the student participates in activities at a public or
nonpublic school.
(3) (a) If a student's school of attendance does not offer a particular activity,
the student may choose to participate in the activity at a nonpublic school. The
nonpublic school has discretion whether to allow the student to participate in an
activity at the nonpublic school.
(b) A student may participate at a nonpublic school located in the student's
school district of attendance or school district of residence. If the activity is not
offered at a school in the student's school district of attendance or school district
of residence, the student may apply to participate in the activity at a nonpublic
school in a school district contiguous to the student's school district of residence.
(c) Repealed.
(4) (a) To participate in an activity at the school of attendance, a student
shall meet all of the requirements imposed by the school of attendance.
(b) To participate in an activity at a school of participation, a student shall:
(I) If the student is participating in a nonpublic home-based educational
program, comply with all laws governing said programs;
(II) Comply with all eligibility requirements imposed by the school of
participation;
(III) Comply with the same responsibilities and standards of behavior,
including related classroom and practice requirements, as are imposed on other
students participating in the activity at the school of participation.
(c) Notwithstanding any provision of this subsection (4) to the contrary, a
school district or a public school shall not require a student who is participating in a
nonpublic home-based educational program and who chooses to participate in an
extracurricular activity at a public school selected by the district to enroll in a
course or to complete any course credits as an eligibility requirement or other
condition for participating in the activity at the district-selected school of
participation; except that the school district or public school may require the
student to enroll in a course if the extracurricular activity is an extension of the
course, such as a performing arts group.
(5) A student who has not met all eligibility requirements for or who would
have become ineligible to participate in activities at a school cannot gain or regain
eligibility by applying to participate in activities at another school pursuant to this
section. A student shall pay any penalty assessed against the student at the
student's school of attendance or school of participation before the student may
regain eligibility at the school of attendance or school of participation or become
eligible to participate in any activity at another school.
(5.5) For each athletic activity offered, a school district may:
(a) For a team athletic activity, reserve for students enrolled in the district of
the school of participation up to twice the number of starting positions on a team at
each level of competition;
(b) For an individual athletic activity, reserve for students enrolled in the
district of the school of participation up to one-half the total number of team
members at each level of competition.
(6) (a) A school may charge any student participating in an activity a
participation fee as a prerequisite to participation. The fee amount that a school of
participation charges a nonenrolled student shall not exceed one hundred fifty
percent of the fee amount the school of participation would charge an enrolled
student to participate in the activity.
(b) If any fee is collected pursuant to this section 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.
(c) In addition to the fees allowed under paragraph (a) of this subsection (6),
a school may charge a nonenrolled student participating in postseason competition
in an individual athletic activity the actual cost of that postseason participation if
the school is sponsoring only nonenrolled students in the postseason competition.
(7) For purposes of article 54 of this title, no student who participates in an
activity in a school district other than the student's school district of attendance
shall be included in the pupil enrollment of the school district where the student
participates.
(8) The provisions of this section are intended to allow students to
participate on an equal basis in extracurricular and interscholastic activities who
would otherwise be denied the opportunity to do so and are not intended to
sanction or encourage the recruitment of students for participation in such
activities by schools or school districts.
(9) If a student transfers enrollment to another school without an
accompanying change of domicile by the student's parent or legal guardian, the
student's eligibility to participate in activities at the new school of attendance shall
be determined under the rules of participation adopted by the school district in
which the new school of attendance is located.
(9.5) (a) Notwithstanding any rule adopted or agreed to by any public school
or school district, any student who is sanctioned or is found by the school, school
district, or any organization or association to which the school or school district
belongs to be ineligible to participate in any activity for any reason, except
unsportsmanlike conduct or ejection from an activity, may appeal the sanction or
finding. The appeal may be made through the applicable process at the school, any
league to which the school or school district belongs, or any other organization to
which the school or school district belongs.
(b) A student who has completed the appeal process described in paragraph
(a) of this subsection (9.5) may seek a preliminary injunction or restraining order
from a court of competent jurisdiction.
(c) This subsection (9.5) shall not apply to any coach's team rules that are
uniformly applicable to all team members; except that no coach may adopt a rule
that is contrary to any provision of this section.
(10) As used in this section, unless the context otherwise requires:
(a) Activity means any extracurricular or interscholastic activity, including
but not limited to any academic, artistic, athletic, recreational, or other activity
offered by a school.
(b) Nonpublic home-based educational program has the same meaning as
in section 22-33-104.5 (2).
(c) Nonpublic school means any independent or parochial school that
provides a basic academic education, as defined in section 22-33-104 (2)(b).
(d) Public school means any school that is under the direction and control
of a school district, including but not limited to a charter school.
(e) School includes any public school and nonpublic school.
(f) School of attendance means the school in which a student is enrolled
and attends classes.
(g) School district of attendance means the school district in which a
student is enrolled and attends classes or, if the student is participating in a
nonpublic home-based educational program, except as provided for in section 22-33-104.5 (6)(b)(II)(B), the school district in which the student participates in said
program.
(h) School district of residence means the school district in which a student
resides.
(i) School of participation means a school, other than the student's school
of attendance, in which the student participates in an activity.