H228 [Filed]

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2013

H D

HOUSE DRH80050-MK-32A (01/31)

Short Title: Home Schoolers Participate in School Sports.		(Public)
Sponsors:	Representatives McElraft, Cleveland, Ford, and Brody (Primary Sponsors).
Referred to:

A BILL TO BE ENTITLED

AN ACT to permit home schooled students in certain local school administrative units to participate in interscholastic athletics.

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:

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(23) Power to Adopt Eligibility Rules for Interscholastic Athletic Competition. - The State Board of Education shall adopt rules governing interscholastic athletic activities conducted by local boards of education, including eligibility for student participation. Students attending home schools shall be permitted to participate in interscholastic athletic activities in accordance with the requirements of G.S. 115C-565.1. With regard to middle schools and high schools, the rules shall provide for the following:

a. All coaches, school nurses, athletic directors, first responders, volunteers, students who participate in interscholastic athletic activities, and the parents of those students shall receive, on an annual basis, a concussion and head injury information sheet. School employees, first responders, volunteers, and students must sign the sheet and return it to the coach before they can participate in interscholastic athletic activities, including tryouts, practices, or competition. Parents must sign the sheet and return it to the coach before their children can participate in any such interscholastic athletic activities. The signed sheets shall be maintained in accordance with sub-subdivision d. of this subdivision.

For the purpose of this subdivision, a concussion is a traumatic brain injury caused by a direct or indirect impact to the head that results in disruption of normal brain function, which may or may not result in loss of consciousness.

b. If a student participating in an interscholastic athletic activity exhibits signs or symptoms consistent with concussion, the student shall be removed from the activity at that time and shall not be allowed to return to play or practice that day. The student shall not return to play or practice on a subsequent day until the student is evaluated by and receives written clearance for such participation from (i) a physician licensed under Article 1 of Chapter 90 of the General Statutes with training in concussion management, (ii) a neuropsychologist licensed under Article 18A of Chapter 90 of the General Statutes with training in concussion management and working in consultation with a physician licensed under Article 1 of Chapter 90 of the General Statutes, (iii) an athletic trainer licensed under Article 34 of Chapter 90 of the General Statutes, (iv) a physician assistant, consistent with the limitations of G.S. 90-18.1, or (v) a nurse practitioner, consistent with the limitations of G.S. 90-18.2.

c. Each school shall develop a venue specific emergency action plan to deal with serious injuries and acute medical conditions in which the condition of the patient may deteriorate rapidly. The plan shall include a delineation of roles, methods of communication, available emergency equipment, and access to and plan for emergency transport. This plan must be (i) in writing, (ii) reviewed by an athletic trainer licensed in North Carolina, (iii) approved by the principal of the school, (iv) distributed to all appropriate personnel, (v) posted conspicuously at all venues, and (vi) reviewed and rehearsed annually by all licensed athletic trainers, first responders, coaches, school nurses, athletic directors, and volunteers for interscholastic athletic activities.

d. Each school shall maintain complete and accurate records of its compliance with the requirements of this subdivision pertaining to head injuries.

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 shall be permitted to participate in interscholastic athletic activities in accordance with the requirements of G.S. 115C-565.1."

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

"§ 115C-565.1. Participation of home schooled students in interscholastic athletics.

(a) Eligibility. - To be eligible to participate in interscholastic public school athletics, a home schooled student shall meet the residency criteria of G.S. 115C-366 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 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 student shall not be required to meet school enrollment requirements. The home schooled 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 as a home schooled student until academic eligibility is established.

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

(d) Registration. - A home schooled student shall register with the school the student's 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 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 home school participation.

(f) Principal Discretion. - The principal of the school at which a home schooled student would like to participate in interscholastic athletics shall make the final determination on whether to allow that student to participate. The student may not appeal the principal's final determination."

SECTION 4. This act applies only to home schooled students residing in counties with a population of 200,000 or less.

SECTION 5. This act is effective when it becomes law and applies beginning with the 2013-2014 school year.