S1410 [Filed]

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

S D

SENATE DRS15398-LE-280A (05/03)

Short Title: Funds for Access to High School Sports.		(Public)
Sponsors:	Senator Jacumin.
Referred to:

A BILL TO BE ENTITLED

AN ACT to permit home school, charter school, and private school students to participate in interscholastic athletics and to appropriate funds for that purpose.

The General Assembly of North Carolina enacts:

SECTION 1. G.S. 115C-12(23) reads as rewritten:

"§ 115C-12. Powers and duties of the Board generally.

The general supervision and administration of the free public school system shall be vested in the State Board of Education. The State Board of Education shall establish policy for the system of free public schools, subject to laws enacted by the General Assembly. The powers and duties of the State Board of Education are defined as follows:

…

(23) Power to Adopt Eligibility Rules for Interscholastic Athletic Competition. - The State Board of Education may adopt rules governing interscholastic athletic activities conducted by local boards of education, including eligibility for student participation. Students attending home schools or other nonpublic schools shall be permitted to participate in interscholastic athletic activities in accordance with the requirements of G.S. 115C-566.1; students attending charter schools shall be permitted to participate in interscholastic athletic activities in accordance with the requirements of G.S. 115C-238.29L. The State Board of Education may authorize a designated organization to apply and enforce the Board's rules governing participation in interscholastic athletic activities at the high school level."

SECTION 2. G.S. 115C-47(4) reads as rewritten:

"§ 115C-47. Powers and duties generally.

In addition to the powers and duties designated in G.S. 115C-36, local boards of education shall have the power or duty:

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(4) To Regulate Extracurricular Activities. - Local boards of education shall make all rules and regulations necessary for the conducting of extracurricular activities in the schools under their supervision, including a program of athletics, where desired, without assuming liability therefore; provided, that all interscholastic athletic activities shall be conducted in accordance with rules and regulations prescribed by the State Board of ~~Education.~~Education, and that students attending home schools, other nonpublic schools, or charter schools shall be permitted to participate in interscholastic athletic activities in accordance with the requirements of G.S. 115C-566.1 or G.S. 115C-238.29L, as appropriate."

SECTION 3. Article 39 of Chapter 115C of the General Statutes is amended by adding a new section to read:

"§ 115C-566.1. Participation of home schooled and other nonpublic school students in interscholastic athletics.

(a) Eligibility. - To be eligible to participate in interscholastic public school athletics, a home schooled or other nonpublic school student shall meet the residency criteria of G.S. 115C-366(1) and shall participate only at the school to which the student would be assigned by the local board of education if enrolled in public school.

(b) Compliance With Rules. - A home schooled or other nonpublic school student shall comply with all rules and regulations established by the local board of education and the State Board of Education, except that a home schooled or other nonpublic school student shall not be required to meet school enrollment requirements. The home schooled or other nonpublic school student shall meet the same standards of acceptance, behavior, and performance as required of enrolled public school students participating in interscholastic athletics.

(1) Academic eligibility required for participation. - A student who has not met established academic eligibility requirements for athletic participation shall be ineligible to participate in interscholastic athletics until academic eligibility is established.

(2) Assessment of academic progress. - A student shall demonstrate any required academic eligibility in all subjects taken in the home school or other nonpublic school by a method of evaluation agreed upon by the parent or nonpublic school principal and the public school principal.

(d) Registration. - A home schooled or other nonpublic school student shall register with the school his or her intent to participate in interscholastic athletics before the beginning date of the season for the activity in which the student wishes to participate.

(e) Fees and Insurance. - A home schooled or other nonpublic school student shall be required to pay any fees for participation required of enrolled public school students and shall be required to purchase any supplemental insurance required of enrolled public school students or as reasonably established for participation of home schooled or other nonpublic school students."

SECTION 4. Chapter 115C of the General Statutes is amended by adding a new section to read:

"§ 115C-238.29L. Participation of charter school students in interscholastic athletics.

(a) Eligibility. - To be eligible to participate in interscholastic public school athletics, a charter school student shall meet the residency criteria of G.S. 115C-366(1) and shall participate only at the non-charter public school to which the student would be assigned by the local board of education if enrolled in a non-charter public school.

(b) Compliance With Rules. - A charter school student shall comply with all rules and regulations established by the local board of education and the State Board of Education, except that a charter school student shall not be required to meet school enrollment requirements. The charter student shall meet the same standards of acceptance, behavior, and performance as required of enrolled non-charter public school students participating in interscholastic athletics.

(2) Assessment of academic progress. - A student shall demonstrate any required academic eligibility in all subjects taken in the charter school by a method of evaluation agreed upon by the principals of the charter school and the non-charter public school.

(d) Registration. - A charter school student shall register with the school his or her intent to participate in interscholastic athletics before the beginning date of the season for the activity in which the student wishes to participate.

(e) Fees and Insurance. - A charter school student shall be required to pay any fees for participation required of enrolled non-charter public school students and shall be required to purchase any supplemental insurance required of enrolled non-charter public school students or as reasonably established for participation of charter school students."

SECTION 5. There is appropriated from the General Fund to the Department of Public Instruction the sum of twenty-five thousand dollars ($25,000) for the 2010-2011 fiscal year. The Department shall use these funds to assist local boards of education in complying with the provisions of this act.

SECTION 6. Section 5 of this act becomes effective July 1, 2010. The remainder of this act is effective when it becomes law and applies beginning with the 2010-2011 school year.