S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  445--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced by M. of A. STIRPE, RA, THIELE, RAIA, CROUCH, PEOPLES-STOKES,
   BLANKENBUSH,  SEPULVEDA,  GRAF,  GOODELL,  WOERNER,  McDONOUGH, ORTIZ,
   BUTLER, BRABENEC, LAWRENCE, LALOR, McDONALD, JENNE,  HARRIS,  PALUMBO,
   WALTER,  AUBRY, MURRAY, SKOUFIS, MOSLEY, BENEDETTO, ROSENTHAL, ARROYO,
   CUSICK -- Multi-Sponsored by -- M. of A. BARCLAY, CRESPO, ENGLEBRIGHT,
   GIGLIO, HAWLEY, KEARNS, LOPEZ, McLAUGHLIN, PALMESANO, PRETLOW,  RAMOS,
   RODRIGUEZ,  STECK -- read once and referred to the Committee on Educa-
   tion -- 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:
 
   Section 1. The education law is amended by adding a new section 1501-d
 to read as follows:
   § 1501-D. HOME-SCHOOLED STUDENTS; INTERSCHOLASTIC  SPORTS.    NOTWITH-
 STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, BOARDS OF EDUCATION
 OF  SCHOOL DISTRICTS, IN CONSULTATION WITH DISTRICT SUPERINTENDENTS, MAY
 FORMALLY ADOPT A DISTRICT-WIDE POLICY TO ALLOW STUDENTS  TO  PARTICIPATE
 IN  THE  DISTRICT'S INTERSCHOLASTIC SPORTS. THE DISTRICT-WIDE POLICY MAY
 INCLUDE, BUT NOT BE LIMITED TO THE FOLLOWING PROVISIONS:
   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:
   (1) THE STUDENT MUST MEET ALL SCHOOL  DISTRICT  PHYSICAL  EXAMINATION,
 IMMUNIZATION, AND AGE ELIGIBILITY REQUIREMENTS WITH THE EXCEPTION OF:
   (A) THE SCHOOL DISTRICT'S SCHOOL OR CLASS ATTENDANCE REQUIREMENTS; AND
   (B)  THE CLASS REQUIREMENTS OF THE VOLUNTARY ASSOCIATION ADMINISTERING
 INTERSCHOLASTIC ACTIVITIES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02894-02-7
              

 A. 445--A                           2
 
   (2) (A) 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
   (B) A SCHOOL DISTRICT MAY ADOPT ALTERNATIVE REQUIREMENTS, IN CONSULTA-
 TION 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.
   (3) 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.
   (4) A HOME-SCHOOLED STUDENT PARTICIPATING  IN  INTERSCHOLASTIC  ACTIV-
 ITIES  MUST  RESIDE  WITHIN  THE ATTENDANCE BOUNDARIES OF THE SCHOOL FOR
 WHICH THE STUDENT PARTICIPATES.
   (5) 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.
   § 2. This act shall take effect immediately.