S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5472
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                May 1, 2019
                                ___________
 
 Introduced  by Sens. MARTINEZ, ROBACH -- 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:
   §  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.
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00502-01-9

 S. 5472                             2
 
   (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.