S T A T E   O F   N E W   Y O R K
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                                  2175

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 21, 2015
                               ___________

Introduced by Sens. ROBACH, ESPAILLAT -- read twice and ordered printed,
  and when printed to be committed to the Committee on Education

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:

  Section 1. The education law is amended by adding a new section 1501-d
to read as follows:
  S 1501-D. HOME-SCHOOLED STUDENTS; INTERSCHOLASTIC  SPORTS.    NOTWITH-
STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, BOARDS OF EDUCATION
OF  SCHOOL  DISTRICTS  ARE  PROHIBITED  FROM  DISALLOWING  HOME-SCHOOLED
STUDENTS FROM PARTICIPATING IN THE  DISTRICT'S  INTERSCHOLASTIC  SPORTS,
AND  SHALL  MAKE PROVISION FOR SUCH PARTICIPATION IN ACCORDANCE WITH THE
FOLLOWING:
  (1) HOME-SCHOOLED STUDENTS SHALL NOT BE DENIED BY  A  SCHOOL  DISTRICT
THE  OPPORTUNITY TO PARTICIPATE IN ALL INTERSCHOLASTIC ACTIVITIES IF THE
STUDENT FULFILLS THE FOLLOWING CONDITIONS:
  (A) THE STUDENT MUST MEET ALL SCHOOL  DISTRICT  PHYSICAL  EXAMINATION,
IMMUNIZATION, AND AGE ELIGIBILITY REQUIREMENTS WITH THE EXCEPTION OF:
  (I) THE SCHOOL DISTRICT'S SCHOOL OR CLASS ATTENDANCE REQUIREMENTS; AND
  (II) THE CLASS REQUIREMENTS OF THE VOLUNTARY ASSOCIATION ADMINISTERING
INTERSCHOLASTIC ACTIVITIES.
  (B)  (I)  THE  STUDENT  MUST ACHIEVE A MINIMUM SCORE ON A STANDARDIZED
ACHIEVEMENT TEST PERMITTED UNDER SECTION 100.10  OF  THE  COMMISSIONER'S
REGULATIONS.  THE  EXAMINATION  SHALL BE TAKEN AT THE END OF EACH SCHOOL
YEAR AND SHALL BE USED TO DETERMINE ELIGIBILITY FOR THE FOLLOWING  YEAR.
THE  MINIMUM,  COMPOSITE  TEST  SCORE  THAT A STUDENT MUST ACHIEVE SHALL
PLACE THE STUDENT AT OR ABOVE  THE  THIRTY-FOURTH  PERCENTILE  BASED  ON
NATIONAL  NORMS.  THE PARENT OR LEGAL GUARDIAN SHALL SUBMIT THE EXAMINA-
TION RESULTS TO THE SCHOOL DISTRICT; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07875-01-5
              

S. 2175                             2

  (II) A SCHOOL DISTRICT MAY ADOPT ALTERNATIVE REQUIREMENTS, IN  CONSUL-
TATION  WITH  THE  PARENT  OR LEGAL GUARDIAN OF A HOME-SCHOOLED STUDENT,
THAT A STUDENT MUST MEET TO PARTICIPATE IN  INTERSCHOLASTIC  ACTIVITIES,
INCLUDING BUT NOT LIMITED TO A REQUIREMENT THAT A STUDENT SUBMIT A PORT-
FOLIO  OF  WORK  SAMPLES  TO  A  SCHOOL DISTRICT COMMITTEE FOR REVIEW TO
DETERMINE WHETHER A STUDENT IS ELIGIBLE TO PARTICIPATE IN  INTERSCHOLAS-
TIC ACTIVITIES.
  (C)  THE  HOME-SCHOOLED  STUDENT SHALL BE REQUIRED TO FULFILL THE SAME
RESPONSIBILITIES AND STANDARDS OF BEHAVIOR  AND  PERFORMANCE,  INCLUDING
RELATED  CLASS OR PRACTICE REQUIREMENTS, OF OTHER STUDENTS PARTICIPATING
IN THE INTERSCHOLASTIC ACTIVITY OF  THE  TEAM  OR  SQUAD  AND  SHALL  BE
REQUIRED TO MEET THE SAME STANDARDS FOR ACCEPTANCE ON THE TEAM OR SQUAD.
THE HOME SCHOOL STUDENT MUST ALSO COMPLY WITH ALL PUBLIC SCHOOL REQUIRE-
MENTS DURING THE TIME OF PARTICIPATION.
  (D)  A  HOME-SCHOOLED  STUDENT PARTICIPATING IN INTERSCHOLASTIC ACTIV-
ITIES MUST RESIDE WITHIN THE ATTENDANCE BOUNDARIES  OF  THE  SCHOOL  FOR
WHICH THE STUDENT PARTICIPATES.
  (E)  TRANSPORTATION  MUST BE PROVIDED BY THE PARENT OR GUARDIAN OF THE
STUDENT. THE STUDENT MAY  USE  THE  SAME  TRANSPORTATION  AS  ALL  OTHER
STUDENTS  IN  THE  SCHOOL  UNIT,  AS LONG AS ADDITIONAL EXPENSES ARE NOT
INCURRED.
  S 2. This act shall take effect immediately.